
Book 4^6 

/# 0/ 



PRESENTED BY 



LAWS OF WISCONSIN 



RELATING TO 



COMMON SCHOOLS 



Free High Schools, Normal Schools 



STATE UNIVERSITY 



•0 



^'^ ANB 1^ SEH 



COUNTY AND CITY SUPERINTENDENTS, TEACHERS' m\li&k%^C. 



PUBLTSHEK) IN CONPOEMITY WITH LAW 
UNDER THE DIRECTION OF 

L. D. HARVEY, State Superintendent. 




MADISON, WIS.: 

DEMOCRAT PRINTING COMPANY, 'sTATE PRINTER, 
I 901 



.'-;,.- \ 



CONTENTS. 



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'V^: 



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PAGE 

I. Formation, Alteration, Meetings and Powers of Districts 1-28 

II. District Officers 29-51 

III. Certificates and Examinations 52-72 

IV. The County Superintendent 73-85 

V. Reports 86 91 

VI. Duties of Town Officers as to Public Instruction 92-94 

VII. Assessment and Collection of District Taxes 95-97 

VIII. Borrowing Money 98-107 

IX. Schoolhouse Sites 108-111 

X. Libraries 112-119 

XI. Collection of Judgments Against School Districts 120-121 

XII. Free High Schools 122-136 

XIII. Appeals 137-141 

XIV. Miscellaneous Laws 142-176 

XV. Township System of School Government 177-191 

XVI. Of the Distribution of the School Fund Income 192-196 

XVII. Of the University 197-205 

XVIII. Of Normal Schools and A cademies 206-213 

XIX. The State Superintendent i . 214-217 

XX. Constitutional Provisions 218-219 

XXI. Forms 220-250 

XXn. IndeK... ...-!By%»ns|fer'''"""""""" 251-l!8g 

APR 131901 



TO SCHOOL OFFICERS. 



This volume is public property, and belongs to the common 
school district, the high school district, the toAvnship district, or 
the city or county superintendent district to which it is sent. 
The copy sent to the district clerk is to be kept in his office, 
for his own use and that of the other members of the board, but 
it may be loaned to any voter of the district, for a time not to 
exceed five days. The book should not, however, be loaned to 
any one, if an annual, special, or adjourned meeting is to take 
place within ten days ; it should be kept in the possession of 
the clerk, and produced by him at such meeting, for consulta- 
tion by the voters. 

The volume which comes to each to\Yn clerk is to be kept by 
him in his office, for his official use, and for the use of the town 
board .of supervisors. 

These volumes are the projDerty of the school districts, or of 
the towns, and not the property of the officers in whose posses- 
sion they may be placed. They hold them only in their official 
capacity. The copies should be carefully preserved, and with 
the other school district or town records and property, handed 
over to successors in office^ and a receipt taken for them. 



NOTE TO THE READER. 



' This edition of the school code is rendered necessary not only 
in consequence of the changes made in the school laws by the 
legislatures of 1899 and 1901, but also by the fact that all for- 
mer editions have been completely exhausted. In this edition 
the laws relating to common schools, free high schools, normal 
schools, and the university of Wisconsin, as well as those re- 
lating to county and city superintendents, and teachers' insti- 
tutes, are to be found, JSTo material changes of comments to be 
found in fonner editions have been made, except when made 
necessary by changes in the law, recent decisions of the 
court, or correspondence has sho-wm that some comment or stat- 
ute is not clearly understood. The laws enacted by the legisla- 
tures of 1899 and 1901 will be designated by the chapter,' while 
all enactments prior to 1899 will be designated by the number 
of the section, as found in Sanborn & Berryman's Annotated 
Statutes of 1898. 

An effort has been made to place, as far as possible, all the 
laws relating to any subject in their proper connection, and in 
some few instances, a section found in the newly enacted chap- 
ter and closely related to a law found in another part of the 
volume, may be found re-printed in the latter connection. 

Much care has been taken to make the index full and com- 
plete in order that the law bearing upon any particular subject 
may readily be found in all its various relations. 



THE SCHOOL LAWS OF WISCONSIN, 



(Chapter 27, Wisconsin Statntes.) 

L-FORMATION, ALTERATION, MEETINGS, AND 
POWERS OE DISTRICTS. 



FORMATION AND ALTERATION OP DISTRICTS. 

Authority of town board. Section 413. Tlie town board 
shall have power to alter or nnitj existing and to form new dis- 
tricts. The territory of a district shall be contignons and em- 
brace not more than thirtj-six sqnare miles. If a district con- 
tract debt it shall not be so altered by taking its territory as to 
leave snch debt exceeding five per cent, of the last assessed 
valnation of the taxable property remaining therein. 

By this statute, the legal authority for determining school district 
boundaries is vested in town boards. The law clothes them with au- 
thority to assume responsibility in these matters and take such 
action as their own judgments dictate to be for the best interests of 
the district schools in their charge, and as the enlightened public 
sentiment of their toAvns approves. They may act in the formation 
of school districts and the alteration of the boundaries thereof on 
their own motion and without waiting for a petition. By this statute, 
the legislature has provided for a systerii of district schools in which 
the district may comprise a whole town, not exceeding thirty-six 
square miles in area, or such' smaller area as the town board in its 
discretion may determine in view of local conditions and needs. A 
number of school districts in Wisconsin thus comprise an entire town. 
This law provides amply for any needful school district consolidation. 
By it, all existing school districts of any town not exceeding thirty- 
six square miles in area, may be consolidated by the town board, 
upon its own motion, into one school ■ district, when such action Is 
deemed to serve best the school interests of the town ; or the town 
may be composed of two school districts, or three school districts or 



2 SCHOOL LAWS OF WISCONSIN. ! ' " 

such other number as the town boar'a may determine. Where the 
town comprises only one school district, such number of school-houses 
may be provided by the electors of that school district at any annual 
or special meeting as may be deemed necessary, and so located as to 
best serve their purposes. 

The purpose of the provision requiring school districts to be com- 
posed of contiguous territory is to secure districts as compact as the 
natural features of the country will permit. It is important that dis- 
tricts should embrace sufficient wealth to enable them to maintain 
efficient schools without oppressive taxation, and school population 
enough to elicit the best efforts of the teacher, and to give continued 
zest to the school. Only compact and well formed districts can secure 
these results. 

By section 26-3, Wisconsin Statutes of 1898, no district which is in- 
debted to €he trust funds of the state can be altered by taking there- 
from any land included therein at the time of obtaining such loan, 
until such loan is fully paid, without the consent of the land commis- 
sioners of the state, and only upon such terms as they shall prescribe. 

How altered, formed, etc.; notice of first meeting. Section 
413. The town board shall make a v/ritten order describing the 
territory affected by the alteration, union or formation of dis- 
tricts and file the same, within twenty days, wdth the town 
clerk, and when districts are to be united or a new district 
formed, deliver to a taxable inhabitant of the new district their 
notice in writing describing its boundaries and appointing a 
time and place for the first district meeting, and therein direct 
such inhabitant to notify every qualified voter of the district, 
either personally or by leaving a written notice at his place of 
residence, of the time and place of such meeting at least five 
days before the time appointed therefor; and said inhabitant 
shall notify the voters of such district accordingly, and indorse 
thereon a return containing the names of all persons thus noti- 
fied, and said notice and return shall be recorded as a part of the 
record of the first meeting in such district. 

Sections 474, 475, 476, 476a, statutes of 1898, and chapters 40 and 
342, laws of 1901, authorize school districts to borrow money in certain 
cases. For mode of procedure, see comments under section 476 of 
this volume. 

The order forming a new district should describe its territory by the 
government surveys; that is, the order should describe the parcels of 
land embraced in the new district, and need not contain the names of 
its inhabitants. See Form No. 1. 

This section provides for the formation of districts out of new ter- 
ritory, and the order may take effect immediately. Section 419 pre- 
scribes the mode of procedure where the new district is formed in 
whole or in part from territory detached from other school districts. 

Whenever practicable, the notice for which this section provides 
should be read in the hearing of each voter. Where this is impracti- 
cable a copy of the notice must be left at the residence of the voter. 

The notice for the first meeting of the new district must be served 
as early as the sixth day before the day named for such meeting, as 



FORMATION AND ALTERATION OF DISTRICTS. 3 

the day on which the notice is served is not counted. See Forms Nos. 
2 and 3. 

Not only the names of all persons notified, but the manner in which 
the notice was given to them must be embraced in the return made. 
"All returning officers are ministerial, and are bound to set forth in 
their returns all acts done by them, that the proper tribunal may 
judge of their sufficiency. They are not competent to judge of the 
legality of a notice or service; and a return that a precept has been 
legally served, or that the duty enjoined by the warrant has been 
duly performed, would most clearly be insufficient." 12 Pick., 206. 

The return is the only competent evidence of the service of the 
warrant and is to be endorsed on the notice read to the voters and 
signed by the person giving the notices. This document should be 
produced at the first meeting, and filed with the records of the dis- 
trict. See Form No. 4. 

Another method of giving notice. Section 414. If such 
notice be not given, or if the inhabitants being so notified re- 
fuse to meet, or if there be no competent authority in the dis- 
trict to call a special meeting, the town board shall give and 
cause to be served the notice as prescribed in section 413. 

See Form 2. 

The qualifications of electors are defined in sections 428 and 428a. 
The inhabitants having assembled in compliance with the call for 
which the section provides, the meeting should be organized by the 
election of a chairman and clerk pro tempore, and then proceed to the 
election of officers according to the provisions of sections 430 and 431. 
Section 416, and the comments following, describe the mode of pro- 
cedure that should follow the election of a district board. 

"1 

Formation of joint districts. Section 415. If a district is 
to be formed from adjoining towns the boards of such towns shall 
meet, act together and make their joint written order describ- 
ing the territory embraced in such district, signed by at least 
two of the supervisors of each to^vn, file the order with the 
town clerk of each town, deliver the notice of formation to a 
taxable inhabitant of such district, and cause the same tO' be 
served and returned as prescribed in section 413 ; and such dis- 
trict may be altered only by the joint action of such town boards 
as provided in section 418. Districts become joint by the di- 
vision of a town without other action. 

See Form 6. 

Ordinary districts may become joint districts by the division of a 
town, without any further action. 35 Wis.. 178. 

It will be seen by this section that a joint district can be formed, 
altered, or dissolved only by the joint action of the supervisors of all 
the towns interested, and an order effecting any of these changes must 
be signed by a majority of each town board. 

When a school district lies partly in a city or an incorporated vil- 
lage and the adjoining town, such district is joint and the bounda- 



4 SCHOOL LAWS OP WISCONSIN. 

ries thereof can only be altered by the joint action of the city coun- 
cil or the village board of trustees and the town board of supervisors. 
See section 422 for definition of joint school district. 

Notice for the first meeting of a joint district must also be signed 
by a majority of the supervisors of each of the towns in which any part 
of such district is situated. 

District, wheji organized. Section 416. A district shall be 
deemed organized when any two of the officers elected at its first 
legal meeting file with the clerk and cause to be recorded in the 
minutes of such meeting their written acceptances of the offices 
to which they have been resiDectivelj elected or which it has ex- 
ercised the franchises and privileges of a district for the term 
of two years. 

See Form 7. 

If two of the officers elected are present, and at once file their ac- 
ceptances with the clerk of the meeting, and he records them, the 
district is then duly organized, and may proceed to the transaction 
of any other business, as provided in section 430. The treasurer is 
not likely to file an approved bond at that time, but that can be done 
afterwards. If two of the officers do not then file their acceptances, 
the meeting should adjourn and await their action. If the persons 
elected at the first meeting, or any of them, refuse to accept, the meet- 
ing may at once proceed to elect others. The same may be done at an 
adjourned meeting, if notice of refusal to serve is then received. The 
district should endeavor to effect a complete organization, but if after 
reasonable trial it fails to secure more than two officers by election, 
the two who have accepted may fill the vacancy. 

When a district has exercised the powers and enjoyed the privileges 
of a school district for two years, it is held to be legally organized, 
notwithstanding any informality of proceeding in its organization; 
and in the meantime, and until its organization is set aside by com- 
petent authority, it is the duty of its officers to comply with all the 
requirements of the school law. It is sufficient for them to know that 
it is a district de facto. After two years have elapsed, its organiza- 
tion cannot be set aside on account of any alleged defect in its original 
formation or organization. 

Body corporate; name. Section 417. The word district as 
used in this chapter, unless otherwise defined, means school dis- 
trict, and a district lawfully organized is a body corporate and 
possesses the usual powers of a public corporation by the name 

and style of school district (joint) school district number -, 

of the town (towns) of ■ , name of the \m\n\ (towns) in 

which the district is situated. Such number shall be designated 
by the town board or boards in the order for the formation 
thereof. The board shall make its contracts in its corporate 
name. 

A school district, as a corporate body, has perpetual succession and 
existence by its corporate name, and may hold real and personal estate 
for its corporate purposes. It is a body created by law, and is wholly 
distinct from the Individuals that may, from time to time compose 



FORMATION AND ALTERATION OF DISTRICTS. 5 

it. It does not become dissolved, or lose any of its rights, dr become 
discharged of its obligations by a change of its name, number or boun- 
daries, or by becoming a joint district. (4 Wis., 79.) The number 
of a district should not be changed when it can be avoided. But, 
if changed, the supervisors shall direct the town clerk to give im- 
mediate notice thereof to the state superintendent and the county su- 
perintendent, stating the former number and the new number of the 
district. 

Contracts made or suits brought by a district, and all writings in 
which it is a party, require that the name of the district should be 
mentioned: e. g., school-district number fonr, toion of Lincoln, Folic 
county. Wlien district officers are specifically empowered by law to 
act, their names may be mentioned. 

Lost records, restoration of. Section 417a. If the record of 
the formation or establishment of bonndaries of a district be 
lost or destroyed, the board of the town or village or the council 
of the city in which such district lies may make a new record by 
written order entered in the records of such to^vii, village or 
city. Whenever the town or village board or city council shall 
contemplate making such new record, they shall give at least 
five days' notice in writing to the clerk of the affected district, 
stating when aiid where they will be present to make such new 
record, and such clerk shall immediately notify the other mem- 
bers of the hoard. Such order shall within three days be en- 
tered in the record of the proper town, village or city, and the 
clerk thereof shall within the same time file a copy of such order 
with the clerk of said district. Any number of districts may be 
included in one such order or notice. In case of the loss or de- 
struction of the records pertaining to a joint district, the clerk 
of any to^vll, village or city in which the district lies shall pro- 
cure and record a certified co])y of the records of any other town, 
village or city relating to such joint district, or the board of the 
town or village, or council of the city in which such joint dis- 
trict lies may meet and act together in the making of such new 
record. An order made pursuant to this section or the record 
thereof shall be presumptive evidence of the regularity of all 
prior proceedings pertaining thereto, of the legality of the 
formation of such district, of the boundaries thereof, and of 
the loss or destruction of the record of its formation. Parties 
conceiving themselves aggrieved by any decision made under the 
foregoing provisions may appeal therefrom in the manner pro- 
vided by section 497. 

Notice of hearing. SECTioisr 418. Whenever the town board 
shall contemplate an alteration of a district they shall give at 



6 ^SCHOOL LAWS OF WISCONSIN. ' ' 

least ^ five days' notice in writing to the clerk of tite district or 
districts to be aflected thereby, stating in such notice when and 
where 'they will be present 'to decide upon such proposed alter- 
ation; and such clerk or clerks shall immediately notify 'the 
other members of the board. No territory shall be detached 
from one district unless by the same order it be attached to 
another; and a district may be dissolved by attaching all its 
territory to other districts. 

See Form No. 8. 

Great care should be exercised in giving the preliminary notices, 
as town boards have no authority to alter the boundaries of school 
districts unless the required notices are given. There is no presump- 
tion that notices have been given, and a recital in the order of the 
board to the effect that they have been given is not privia facte 
evidence of the fact. Moreover, the district officers cannot waive no- 
tice. 60 Wis., 395; 29 Wis., 419. 

The board acquires no jurisdiction to make the change, unless the 
giving of the notices be authorized at a meeting of the supervisors 
duly held. 106 Wis., 475. 

The returns of the persons serving the notices required by this sec- 
tion should bear the admission of service of the district clerks en- 
dorsed thereon, and these should be attached to the order changing 
the boundaries of districts, and should be filed with it in the office 
of the town clerk, so that evidence that the proper notices were given 
may be accessible at all times. 

It will be noticed tliat the language of the statute is — "Whenever 
the town board shall contemplate." etc. This implies that town boards 
may act in the formation and alteration of the boundaries of school 
districts on their own motion, and without waiting for a petition. 
Town boards are, indeed, the guardians of school interests and ought 
to assume responsibility in these matters, whenever, in their own 
judgments, the best interests of the schools demand it. When these 
boards act on petition, their action is not limited by the demands of 
the petitioners. 

Order, filing of; when in effect. Section 419. In all cases 
where an alteration of the boundaries of a school district sh'all 
be made the town board shall, within three days thereafter, 
give notice thereof by filing a copy of the order so altering the 
same with the town clerk and with the clerks of the districts af- 
fected' by such alteration; and no alteration of any school dis- 
trict made without the consent of a majority of the district 
boards indorsed on such order shall take effect until three 
months after notice given as above specified, unless such alter- 
ation is made in compliance with the order of the state super- 
intendent given in the decision of an appeal; nor shall any al- 
teration of an organized district be made to take effect between 
the first day of December in any year and the first day of April 
following. 

See Form No. 9. 



E^ORMATION AND ALTERATION OF DISTRICTS. ^ 

Failure to file the order with, the town clerk does not avoid the divi- 
sion; 11 Wis., 29. It should, however, be filed promptly, as the infor- 
mation is necessary for the guidance of the town clerk and of the 
district clerks. It will be noticed that the order may be made to take 
effect immediately when the consent of a majority of the boards of 
the districts affected by it is indorsed thereon. Each district board 
acts as a unit, so that the consent of two boards where three districts 
are interested is sufficient to authorize the supervisors to give imme- 
diate effect to their order. 

No action can be taken by the voters of a new district until the 
order forming the district takes effect; it follows that the notice for 
a first meeting shouM not antedate the time at which the order cre- 
ating the district becomes effective. 

Joint districts, alteration of. Section 419a, (as amended by 
Chap. 348, Laws of 1901.) Whenever an application in writing, 
describing- and clearly setting forth by use of usual and definite 
terms and having for its purpose the alteration of th'e bounda- 
ries of any joint district, signed by not less than two-thirds 
of the voters residing in the joint district, or one-third of the 
voters residing in the territory comprising all the districts to 
be aifected by said proposed alterations, shall be presented to 
the chairman of the town, the mayor of the city or president 
of the board of trustees of the village, in which the school 
house of such joint district may be situated, such chairman, 
mayor of the city, or president of the village board, shall, upon 
receipt of such application or petition, fix a time for the joint 
meeting of the town boards of supervisors, and the city coun- 
cil, or the village board of trustees of all the municipalities 
in any way affected by said proposeid change, which time shall 
not be less than ten or more than twenty days after the presenta- 
tion to said officer of such jDctition or application. The officer 
to whom the application or petition is presented shall cause 
a written notice of the time and place of such meeting to be 
given to each supervisor, member of the city council, or mem- 
ber of the village board of trustees entitled to be present at 
such meeting, which notice shall be served at least five days 
prior >{o the date fixed therefor. Such meeting shall be held 
at the school-house in such joint district unless some other con- 
venient place shall be designated in the notice. If the chair- 
man of the town, mayor of the city or president of the board 
of village trusteies, as the case may he, to whom such appKca- 
tion shall be presented, neglect or refuse to fix the time and 
place or to give notice for the meetings as provided by this sec- 
tion, or if the supervisors, the city council, or the board of vil- 
lage trustees, or a majority thereof, of any town, city or village 



8 SCHOOL LAWS OF WISCO^JSIN. 

in any way interested or affected by the proposed cliange of 
school distric't boundaries, neglect or refuse to be present at 
snch meeting, or being present, neglect or refuse to hear and 
vote npon the apphcation before them, the application shall 
be deemed denied, and an appeal may be had therefrom in sim- 
ilai' manner, aiid with like effect as in other cases of denial. 
The provisions of section 418, 419, 422, and 497 shall, as far 
as may be applicable, apply to the above proceedings. 

This section provides a remedy, in the way of appeal to the state 
superintendent, where the officer whose duty it is to give notice of the 
time and place of meeting of supervisors for hearing and determinUig' 
upon proposed alterations of joint school districts, neglects or refuses 
to give such notice, and where supervisors neglect or refuse to at- 
tend such meeting when called. The act also specifies the preliminary 
steps to he taken by persons intending to make use of this remedy 
by appeal, for neglect or refusal. Where there is no neglect or refusal 
to act, there is no need for either of the petitions referred to, nor 
does the act prevent procedure under sections 418, 419, 420, and 422 
of this chapter. Too great care cannot be exercised by interested 
parties in taking proceedings under this section. The rules and regu- 
lations governing appeals to the state superintendent are given in 
the comments foUovfing section 497. 

Division of property. Section 420. If a new district be 
formed, in whole or in part, from one or more districts posseissed 
of a school-house or entitled to other property the town board, 
at the time of forming such new district, shall determine the 
proportion of the value of the school-house and other ]:)roperty 
justly due to. such new district according to the taxable prop- 
erty of the respective parts of such former district at the time 
of the division, and such amount of any debt due from the 
former district which would have been a charge upon the new 
had it remained in the former district shall be deducted from 
such proportion. 

C'ollection and application of money. Sectiojst 421. The 
town board shall certify to the district clerk of each district 
retaining a school-house or other property the amount as- 
certained by them as the proportion due to the new district, 
and such amount shall be embodied in the next statement of 
taxes to be made by the district clerk to the town clerk as 
required by section 472, and ©hall be collected and paid to the 
treasurer of the new district to be applied toward j^roviding a 
school-house therefor ; and the money so received shall be al- 
lowed to the credit of the taxable property taken from the dis- 
trict paying the same in reduction of any tax imposed on said 



FORMATION AND ALTERATION OF DISTRICTS. 9 

taxable property in tlie new district for tlie building of the 
scliool-house ; but in case the new district shall have raised a tax 
and provided a schoiol-house before the receipt of such money, 
the treasurer thereof shall pay on demand to each taxpayer re- 
siding in the territory taken from the district paying the same 
the amount actually paid by Iiim in school-house taxes in ex- 
cess of the amount he would liave paid if the money had been 
received and credit given before such taxes were collected, and 
the treasurer sliall be liable therefor on his official bond. 

See Form No. 10. 

When territory is merely transferred from one district to another, 
no claim will lie against the district yielding territory on account of 
property. 

By "property" Is meant lands, tenements, hereditaments, money, 
goods, chattels, things in action, and evidences of debt. Tlje division 
of the share of the income of the school fund is further discussed in 
and under section -558, as amended by chapter 450, laws of 1901, and 
section 554, as amended by chapter 115, laws of 1899. 

Alteration of district in town and village, etc. Section 422, 
(as amended by Chapter 30-i, Laws of 1901). Whenever any 
school district in this state shall be comprised partly of th-e ter- 
ritory of any city or an incorporated village and partly of the 
territory of an adjoining town or towns, it shall be and for all 
intents and purjioses shall be considered as a joint school dis- 
trict which may be dissolved or the boundaries of which may 
be changed only by the joint action of the city or common coun- 
cil of the city or the trustees of the village as the case may 
be and tl'e board or boards of supervisors of the town or towns 
in which any ]3art or parts of said joint school district may be 
situated and only in the same manner in which any other joint 
district may be altered or dissolved, but no new joint district em- 
bracing a part of any city shall be hereafter formed. 

The appraisal and award should be made at the time of the forma- 
tion of the new district but will be legal if necessarily delayed. 

If the duty is wholly neglected by the supervisors, or, the award 
being made by them, if the clerk of the old district neglects his duty, 
the remedy in either case is by mandamus. 

No vote of the old district is required to raise the amount to which 
the new district becomes entitled under the action contemplated by 
section 421. This tax cannot be collected as a special district tax; it 
must be returned to the town clerk by the district clerk, as certified 
to him by tlie town board. 

The duty of making an equitable division of the property of the dis- 
trict retaining the schoolhouse, here imposed upon the town board. Is 
mandatory, and no agreement or condition recited in the order for 
division of territory will relieve the board of this duty. An agree- 
ment to consent to the division of a district in consideration of the 



10 ' SCHOOL LAWS OF WISCONSIN. 

surrender of property rights by the new district is void. 63 Wis., 
337; 81 Wis., 428; 87 Wis., 533. 

In case the new district raises a tax for the purpose of building 
a schoolhouse before any money is received from any or all of the 
old districts out of whose territory the new district is formed, the 
treasurer of the new district, upon receiving the amount due from any- 
of the old districts, shall pay the same to the tax-payers residing in 
the territory that formerly belonged to the district paying the money. 
The amount received shall be apportioned among the proper persons 
on the same basis that served for the collection of the tax. 

Neglect to keep school. Section 423. If a district for two 
or more successive years neglect to maintain school as required 
by law, the town board of 'the town embracing th-e district shall 
attach the same to such other adjoining district or districts in 
the town as they shall judge proper; and if the district be joint, 
then tbie town boards shall attach the respective parts thereof 
to other districts in their respective towns. This section shall 
not apply to any district which may provide for the instruction 
of its pupils in an adjoining or other district, as provided in 
subdivision 15, section 430. 

Section 418 allows the town board to extinguish a district by at- 
taching its territory to other districts. This section requires them to 
do so whenever a district fails to maintain a school for two successive 
years, unless provision has been made for the free instruction and 
transportation of the pupils of the district as provided in sub-divisions 
15 and 16, of section 430, and of section 554, of the statutes of 1898, 
and chapter 351, Laws of 1901. Failure to elect disti'ict officers does 
not of itself extinguish a district, as the organization may be restored 
in the manner prescribed by section 414. 

Property of dissolved district. Section 424. Whenever a 
district shall be dissolved by reason of the attachment of all 
its territory to some other district, the town board, and in case 
of a joint district the town boards, shall take charge of the 
property belonging to the same at the time of its dissolution, 
dispose of the same by grant or oth'erwise, and apply the pro- 
ceeds to the discharge of its debts, paying over the remainder 
if any, to the treasurer, and in the case of more than one dis- 
trict, to the treasurers of the districts to which the tenitory 
has been attached, in proportion to the valuation of the prop- 
erty attached to each as appears from the last tax rolls of the 
respective towns. 

The supervisors of all the towns interested in the dissolution of a 
district must unite in the sale of its property, and in the execution 
of deeds of its real estate. They should require cash payments, and 
all conditions of sale should be mentioned in the posted notices. Un- 
expended a;nd unappropriated money in the hands of the district treas- 
urer, is "property," and is to be divided by the town board or boards. 



SCEtOOL MEETINGS. j^i 

Particular attention should be given by town boards of supervisors 
and trustees of villages to the matter of recording the proceedings 
which affect the formation and alteration of school districts. 



MEETINGS. 

Annual; report to. SECTioisr 425. The annual district meet- 
ing shall be held on the first Monday of July unless that be 
a legal holiday, in which case it shall be held on the next day 
at seven o'clock in the afternoon, unless another hour be fixed 
by a vote recorded at the last annual meeting, and any annual 
meeting heretofore or hereafter held shall be valid not- 
withstanding any provision to the contrary in any special or 
local law. It shall be the duty of the district board to meet 
on the Saturday immediately preceding the annual meeting, 
carefully examine the accounts of the treasurer, and make up 
a full and itemized report of all receipts and expenditures since 
the last annual meeting, of the amount in the hands of the 
treasurer or the amount of the deficit for which the district 
is liable, of the amount necessary to be raised by taxes for the 
support of the school for the ensuing year, and of the amount 
required to pay the interest or principal of any debt due or to 
become due during such year; which report shall be submitted 
in writing at the annual meeting and recorded by the clerk at 
length with the action thereon in the proceedings of the meet- 



All annual school district meetings, except in towns under the town- 
ship system, are held on the same day. When the first Monday in 
July is the fourth, and when the fourth of July occurs on Sunday, 
the annual meeting must be held on. the Tuesday following. 

The hour for holding an annual district meeting is 7 o'clock in the 
afternoon, unless a different hour was fixed by vote at the previous 
annual meeting. District officers have no power to call an annual 
meeting at any other hour than that which the law designates. 34 
Iowa, 306. 

Notice. Section 426. The clerk shall give at least six days' 
previous notice of the annual meeting by posting notices there- 
for in four or more public places in the district, one of which 
shall be aflixed to th'e outer door of the school-house, if there 
be one in the district; and he shall give like notice for any 
adjourned meeting, if the adjournment be for more than one 
month; but no annual meeting shall be deemed illegal for want 



l^ SCHOOL LAWS OP WISCONSIN. 

of due notice, unless i't shall appear that the omission to give 
such notice was wilful and fraudulent. 

See F'orms Nos. 11 and 12. 

While it is the duty of the district clerk to notice an annual school 
district meeting according to the provisions of this section, and while 
he may be punished by fine for neglect or refusal to comply with the 
statute, the notice is not essential to the validity of the meeting. 
The statute and not the notice is the foundation of the meeting. 6 
Hill, N. Y., 647. 

By section 430b, district clerks are required to embody in the notice 
for an annual meeting, the fact that the question of a change of text- 
books will be submitted to the meeting, if such be the case. See com- 
ments on section 440. 

Special meetings. Sectioi^ 427. Special meetings shall he 
called by the clerk, or in his absence by the director or itreas- 
urer, on the written request of five legal voters of the district, 
and notices thereof specifying particularly the business to be 
transacted shall be posted in the manner prescribed for calling 
the annual meeting; and the electors when lawfully assembled 
at a special meeting shall have power to transact the same busi-^ 
ness as at the first of the annual meeting, except the election 
of oificers, voting a tax to compensate the clerk and authorizing 
a change in text-books. But no more than one such meeting 
to consider the same subject shall be held in the district in the 
same school year. No tax or loan or debt shall be voted at 
a special meeting unless three-fourths of the legal voters shall 
have been notified either personally or by a written notice left 
at their places of residence, stating the time, place and objects 
of the meeting, and specifying the amount proposed to be voted, 
at least six days before the time appointed therefor, exclusive 
of the day on which the meeting is to be held. 

See Forms Nos. 13 and 14. 

It is the duty of the clerk to call special meetings whenever requested 
to do so by the required number of legal voters. The fact that the 
district clerk does not approve of the objects sought by those who 
request him to call a special meeting, is no cause for refusing to com- 
ply with the request. 

"When public corporations or officers are authorized to perform an 
act for others, which benefits them, then the corporations or officers 
are bound to perform the act. The power is given them not for their 
own, but for the benefit of those in whose behalf they are called upon 
to act, and such is presumed to be the legislative intent. In such 
cases they have a claim de jure to the exercise of the power." 9 Wis., 
285. 

Any business that can be done at an annual meeting can be done 
at a special meeting, properly called, except the election of officers, 
voting a tax to compensate the clerk, and authorizing a change in 



SCHOOL MEETINGS— VOTERS. ^^ 

text-books. The notice for a special meeting may be given by the 
director or treasurer in case of a vacancy in the office of clerli, or if 
that officer is absent or incapable of acting. 

A special meeting may rescind any action taken at the annual meet- 
ing, if proper notice has been given; but if rights have been acquired 
by third parties, under previous action, those rights cannot be set 
aside by the vote of the district. This includes the rights of persons 
elected to a district office. 

"Six full days" requires the notice to be given as early as on the 
seventh day before the time designated. 

The personal notice required by this section to be given to three- 
fourths of the electors of the district in all cases w^here it is the 
purpose of the special meeting to vote a tax, loan or debt, should in- 
clude women, on whom the right of suffrage in elections "pertaining 
to school matters," is conferred by section 428a. 

Care should be taken in naming the amount to be raised at a special 
meeting to specify a sum equal to or greater than that needed. It Is 
competent lor a special meeting to raise a less, but not competent for 
it to raise a greater sum than that mentioned in the notice. 

All laws relating to levying taxes are construed strictly, and the re- 
quirement that notices for a special meeting whose purpose is to raise 
money shall specify the amount to be raised is mandatory. 

Who may vote. Section 428, (as amended by chap. 233, laws 
of 1899.) Every resident elector of the district shall be entitled 
to vote in any meeting', provided snch elector has resided there- 
in for at leiast thirty days next preceding any meeting. 

The qualifications of voters at a general election are declared by 
section 12, of the Wisconsin statutes, to be as follows: 

Section 12. Every male person of the age of twenty-one years, or 
upward, belonging to either of the following classes, who shall have 
resided in the state for one year next preceding any election, and In 
the election district where he offers to vote ten days [except in the 
case of school district meetings] shall be deemed a qualified elector 
at such election: 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their intention 
to become citizens, conformably to the laws of the United States on 
the subject of naturalization. 

3. Persons of Indian blood who have once been declared by law of 
congress to be citizens of the United States, any subsequent law of 
congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any tribe. 

5. Any civilized person, being a descendant of the Chippewas of Lake 
Superior or any other Indian tribe residing within this state, and 
not upon any Indian reservation, who shall make and subscribe to an 
oath before the clerk of the circuit court or his deputy of the county 
where such person resides that he is not a member of any Indian 
tribe, and has no claim upon the United States for aid and assistance 
from any appropriation made by congress for the benefit of Indians, 
and that he thereby relinquishes all tribal relations, and all right 
to claim or receive such aid, shall be entitled, on such oath being 
fJed and recorded, to vote at all elections held in this state, if he 
is otherwise qualified. The oath so taken, on being corroborated as 



14 SCHOOL LAWS OF WISCONSIN. ' ^ 

to the residence and tribal relations of such person by the afh'davit 
of a qualified elector, shall be filed in the office of the clerk before 
whom it was taken and recorded by him in a book to be provided 
for that purpose, upon such person paying to said clerk the sum of 
one dollar. 

Every person convicted of bribery shall be excluded from the right 
of suffrage, unless restored to civil rights; and no person who shall 
have made or become directly or indirectly interested in any bet or 
wager, depending upon the result of any election, at which he shall 
offer to vote, shall be permitted to vote at such election. 

Women may vote. Section 4:28a, (as amended by chap. 233 ; 
laws of 1899). Every woman who is a citizen of this state, of 
tlr-e age of twenty-one years or upwards, except paupers, per- 
sons under guardianship and persons otherwise excluded by 
section 2 of ai-ticle 3 of the constitution of Wisconsin, who has 
resided in the state one year, and in the election district where 
she offers to vote, thirty days next preceding any election per- 
taining to any school mattere, shall bave a right to vote at such 
election. 

By this law all voters at school district meetings, either annual 
or special, are required to reside at least thirty days in the district 
previous to the date of the school meeting. This is a radical change 
in the election law and should receive especial attention in order 
that difficult and annoying questions may not arise in the management 
of school district matters. 

The above section does not confer upon women the unlimited right 
of suffrage, but it does confer upon them the right to vote upon any 
and all questions that can be legally considered at any regularly called 
annual or special school district meeting. The words "any election 
pertaining to school matters" renders the limitation to the privilege 
conferred by the section manifest. 71 Wis., 239, 251; 75 Wis., 543; and 
chapter 285. laws of 1901. 

Section 69. In determining the question of residence as a qualifi- 
cation to vote, the following rules, so far as applicable, shall govern, 
and if a person offering to vote be challenged as unqualified on the 
ground of residence, the inspector shall admonish him of such rules 
and put to him such further questions as shall be proper to elicit the 
facts in respect thereto, namely: 

First. — As prescribed in the constitution, no person shall be deemed 
to have lost his residence in this state by reason of his absence on 
business of the United States, or this state; and no soldier, seaman 
or marine, in the army or navy of the United States, shall be deemed 
a resident of this state in consequence of being stationed within the 
same. 

Second. — That place shall be considered and held to be the residence 
of a person, in which his habitation is fixed without any present in- 
tention of removing therefrom and to which, whenever he is absent, 
he has the intention of returning. 

Third. — A person shall not be considered or held to have lost his 
residence, who shall leave his home and go into another state, or 
county, town, or ward of this state, for temporary purposes 'merely, 
with an intention of returning. 



SCHOOL MEETINGS— VOTERS. I5 

Fourth. — A person shall not he considered to have gained a residence 
in any town, ward, or village of this state into which he shall have 
come for temporary purposes merely. 

Fifth. — If a person remove to another state with an intention to 
make it his permanent residence, he shall be considered and held to 
have lost his residence in this state. 

Sixth. — If a person remove to another state with the intention of 
remaining there for an indefinite time, and as a place of present resi- 
dence, he shall be considered and held to have lost his residence In 
this state, notwithstanding he may entertain an intention to return 
at some future period. 

Seventh. — The place where a married man's family resides shall gen- 
erally be considered and held to be his residence, but if it is a place 
of temporary establishment for his family or for transient objects, 
it shall be otherwise. 

Eighth. — If a married man has his family fixed in one place, and 
he does his business in another, the former shall be considered and 
held to be his place of residence. 

Ninth. — The mere intention to acquire a new residence without the 
fact of removal, shall avail nothing; neither shall the fact of removal 
without intention. 

Tenth. — If a person shall go into another state, and while there ex- 
ercise the right of a citizen by voting, he shall be considered and held 
to have lost his residence in this state. 

Eleventh. — No person shall be deemed to have gained a residence in 
any town, ward or village in this state, so as to entitle him to vote 
at any election therein, by remaining in such town, ward, or village 
as a pauper supported by the town, village or county in which he 
shall be living at the time of such election; and no person shall be 
deemed to have lost his residence in any town, ward or village, by 
remaining in any other town, ward, or village as such pauper. 

Twelfth.^ — If an unmarried person sleeps in one ward and boards in 
another, the place where he sleeps shall be considered his residence. 

Thirteenth.^ — ^If an unmarried person be employed on a railroad, 
boat or stage line and boards at different places, if one of those places 
be with his parents that place shall be considered his residence un- 
less he has, by registering to vote elsewhere or by the performance 
of some otTier kindred act elected some other place as his residence. 
If he has no parents and has not registered at any other place, he 
shall be asked: Do you consider this your place of residence, and 
have you so considered it for the past ten days in preference to any 
other place? If he answers in the affirmative he shall be entitled to 
all the privileges and be subject to all of the duties of other citizens 
in such place in the matter of voting, jury service, poll taxes and as- 
sessments for taxes. 

Fourteenth. — Each inmate of any national or state home for soldiers 
in this state shall be deemed to reside in the town, city or village in 
which said home shall be located, and in the election district in which 
he shall sleep. 

Section 428a, (as amended by cliap. 285, laws of 1901.) 
Every woman who is a citizen of this state, of the age of twen- 
ty-one jenrs, or upwards (except paupers, persons under guar- 
dianship, and persons otherwise excluded by section two of ar- 
ticle three of the constitution of Wisconsin)^ who has resided 



1Q SCHOOL LAWS OF WISCONSIN. 

within the state one year, and in the election district where 
she offers to vote, ten days next preceding any election pertain- 
ing to school matters, shall have a right to vote at snch elec- 
tion. Separate ballot boxes shall be fnrnished at every election 
precinct in this s/tate at every primar)^, general, municipal or 
special election for the use of women desiring to vote on said 
school matters, and separate ballots shall also be provided at 
said elections for the use of said women. 

This chapter was enacted for the purpose of extending the privi- 
lege of suffrage to women. Heretofore, the privilege of voting for 
school officers has been restricted to such officers elected at annual 
or adjourned school district meetings only. This chapter evidently 
extends the privilege to vote for school officers at general and mu- 
nicipal elections, as well as at school district elections, and under the 
same conditions regarding age and residence that are imposed upon 
male citizens. 

Proceeding's on challenge. Section 429. If any person of- 
fering to vote at a school district meeting shall be challenged 
as unqualified by any legal voter in such district the chairman 
presiding at such meeting shall declare to the person challenged 
the qualifications of a voter; and if such person shall declare 
that he is a voter and if such challenge shall not be withdrawn 
the chairman shall tender him the following oath or afiirma- 
tion: You do solemnly swear (or afiirm, as th'e case may be) 
that you are an actual resident of tliis school district and that 
you are qualified according to law to Vote at this meeting. And 
every pereon taking such oath or affirmation shall be permitted 
to vote on all questions- proposed at such meeting; and if the 
person shall refuse to take such oath or affirmation his vote shall 
be rejected. 

The questions which may be asked by inspectors of elections of per- 
sons whose votes are challenged, and the rules for determining the 
legal qualifications of electors are given in sections 68 and 69, of the 
Wisconsin statutes, and are printed here for convenience. The chau^- 
man of a district meeting can not, like an inspector of elections, re- 
quire the person challenged to answer the questions under oath. 

Section 6S. Each inspector shall, and any elector may. challenge 
every person offering to vote whom he shall know or suspect not 
to be duly qualified as an elector. If such a person is challenged as 
unqualified one of the inspectors shall tender to him the following 
oath or affirmation: You do solemnly swear (or affirm) that you will 
fully and truly answer all such questions as shall be put to you touch- 
ing your place of residence and qualifications as an elector of this 
election; and shall thereupon put questions as follows: 

First. If a person be challenged as unqualified on the ground that 
he is not a cit-izen and has not declared his intention to become a 
pitizen: 



SCHOOL MEETINGS— VOTERS. ^>j 

1. Are you a citizen of the United States? If no, then — 

2. Have you declared your intention to become a citizen of the 
United States conformably to the laws of the United States? 

3. When and where did you declare your intention to become a citi- 
zen of the United States? 

Second. If the person be challenged as unqualified on the ground 
that he has not resided in this state for one year immediately preceding 
the election: 

1. How long have you resided in this state immediately preceding 
this election? 

2. Have you been absent from this state within the year immediately 
preceding this election? If yes, then — 

3. When you left, did you leave for a temporary purpose, with the 
design of returning, or for the purpose of remaining away? 

4. What state or territory did you regard as your home while ab- 
sent? 

.5. Did you, v/hile absent, vote in any other state or territory? 

Third. If the person be challenged as unqualified on the ground 
that he is not a resident of the town, ward or village where he offers 
his vote: 

1. When did you last come into this town, ward or village? 

2. Did you come for a temporary purpose merely, or for the purpose 
of making it your home? 

3. Did you come into this town, ward or village for the purpose of 
voting therein? 

4. Are you now and have you been for the last ten (thirty days in 
the case of school district meetings) days an actual resident of this 
town, ward or village, and what is the particular description, name 
and location of your residence? 

5. Have you registered to vote at this election at any other place 
within this state? 

Fourth. If the person be challenged as unqualified on the ground 
that he is not twenty-one years of age: Are you twenty-one years of 
age'to the best of your knowledge and belief? 

Fifth. If the person be challenged as unqualified on the ground 
that he has made or become directly or indirectly interested in any 
bet or wager depe: ling upon the result of such election: 

1. Have you made in any manner any bet or wager depending upon 
the result of this election, or on the election of any person for whom 
votes may be cast at this election? 

2. Are yqu in any manner, directly or indirectly, interested in any 
bet or wager depending in any way whatever upon the result of this 
election? 

Sixth. If the person be challenged as unqualified on the ground 
that he has been convicted of treason, felony or bribery and itot sub- 
sequently restored to civil rights: 

1. Have you been tried or convicted in this state of any crime? If 
yes — 

2. Of what crime, when and in what court were you so convicted? 

3. Have you in any manner since such conviction been restored to 
civil rights, and. if yes. how? 

Seventh. If the person be challenged as unqualified on the ground 
that he has been engaged, directly or indirectly, in a duel, either as 
principal or accessory: 

1. Have you ever been engaged in any duel, directly or indirectly, 
either as principal or as a second, or in counseling or aiding either 
principal or second in a duel? And if yes, then — 
9. 



18 SCHOOL LAWS OF WISCONSIN. , ' ■ ' 

2. When and where, and had you before that time been an inhabitant 
of this state? 

Eighth. If the person be challenged as unqualified, on the ground 
that he is a person of Indian descent, a member of an Indian tribe 
or an uncivilized Indian: 

1. Are you a person of Indian descent? 

2. Of what tribe or nation are you a descendant? 

3. Are you now a member of any Indian tribe? 

4. Have you received any annuity from the United States or any 
agent thereof, or shared in any, and, if so, when did you last so receive 
or share in any? 

The inspectors, or one of them, shall put such other questions to 
the person challenged as may be necessary to test his qualifications 
as an elector at such election. 



POWERS OP DISTRICTS. 

Powers of meeting. Section 430. The iiiliabitants of any 
school district qualified by law to vote at a school district meet- 
ing when assenlhled at the first and at each annual meeting in 
their district or at any adjournment thereof in their district 
shall have power : 

1. To appoint a chairman for the time being, and in the ab- 
sence of the clerk to appoint some person to act in his stead, and 
the person so appointed shall certify the proceedings of such 
meeting to the district clerk, who shall enter the same in the 
records of the district and file and preserve the certificate of 
such temporary clerk. 

When the inhabitants of a district are assembled at any regularly 
called meeting, it is competent for any elector to call the meeting to 
order, to nominate, or to ask some one to nominate a chairman, and to 
put the question and declare the result. If the director of the dis- 
trict be present, it is proper for him to do this. If the district clerk 
be not present the chairman will announce the fact and ask that a 
clerk be appointed pro tempore. The meeting will be governed by the 
common rules of deliberative assemblies. The chairman should be an 
elector, and so entitled to vote on all questions. 

2. To adjourn from time to time as occasion may require. 

The statute — section 426 — provides that when an annual meeting is 
adjourned for more than one month, notice shall be given of the time 
and place of holding such meeting in the same manner that notice of 
the original meeting was given. 

3. To choose a director, treasurer and clerk. The election 
of all officers shall be by ballot and a majority of all the votes 
cast shall be necessary for a choice. 



r""' '" POWERS OF DISTRICTS. 19 

School boards of seven members. (Chapter 317, laws of 1899, 
as amended by chap. 205, laws of 1901.) Section 1. Any 
school district containing within its bonndaries a city in which 
a high school is maintained and which expends annually in 
the maintenance of its schools, a sum exceeding four thousand 
dollars, may upon determining so to do by th^e vote of the elec- 
tors present at any annual school meeting held in such school 
district, have a district board comprising seven members which 
shall be known as the school board of the city, comprising in 
whole or in part such district, three of whom shall be the di- 
rector, treasurer and clerk, as now provided by law, who shall 
each discharge the separate duties now imposed upon him by 
law, and shall be elected and hold office for the term now pro- 
vided by law. And all directors, clerks and treasurers now in 
office in such districts, shall continue in their respective offices 
during the full term for which they were elected. The remain- 
ing four members of such district board, shall be elected aa 
school district officers are now required to be elected, at the 
annual school meeting which may adopt this act; two of said 
four shall be elected for the period of one year and the remain- 
ing two for the period of two years and until their successors 
have been elected or appointed. At everv succeeding annual 
school meeting in such district, there shall be elected in addi- 
tion to a director, clerk or treasurer, as the case may be, two 
of such additional members of such board, who shall hold their 
office for two years and until their successors are elected or ap- 
pointed. In case of vacancies in the said board, such vacanci-es 
shall be filled as now provided for filling vacancies in district 
boards. All members of said board so elected shall be risidents 
of such school district. Such school boards shall exercise all 
the powers, and discharge all the duties now imposed upon the 
district boards of such districts. Regular meetings of said 
board shall be held, and special meetings thereof may be called 
upon request of any three members of such board to the clerk, 
who shall thereupon, at least twenty-four h'ours before such spe- 
cial meeting is held, give written notice thereof to the remain- 
ing members of the board. 

Accounts of school boards to be examined. Seotion 1. 
(Chapter 162, laws of 1899.) It shall be the duty of eveiy 
school district in the state of Wisconsin at its annual meeting 
to appoint three competent men, who shall be tax-payers in the 
district, to examine all accounts, books, vouchers, moneys and 



20 SCHOOL LAWS OF WISCONSIN. 

property of whatever kind belonging- to said district, between 
the first and tifth days of Jnly of each year and report the find- 
ing, in writing, at the next regnhar annnaf meeting. 

SECTioisr 2. Said report shall be recorded in the school rec- 
ords, properly signed by the committee. 

This law does not interfere with that part of section 425, W. S., which 
makes it the duty of the district board to meet on the Saturday im- 
mediately preceding the annual meeting for the purpose of making a 
careful examination of the accounts of the treasurer and compiling a 
full and itemized report of all receipts and expenditures since the last 
annual meeting, of the amount in the hands of the treasurer, or the 
amount of the deficit for which the district is liable, of the amount 
necessary to be raised by taxes for the support of the school for 
the coming year and of the amount required to pay the interest or 
principal of any debt due or to become due during the year. These 
reports are to be submitted in writing at the annual meeting. Town 
clerks and county superintendents have heretofore found difficulty in 
compiling correct financial reports for the schools under their respective 
jurisdictions. It is hoped that by the operation of the law printed 
above correct reports may be obtained from each school district in 
the state. Over five million three hundred thousand dollars are an- 
nually expended in the management of the public schools and it is 
not unreasonable to require a strict accounting from each district for 
the sums annually received and expended in the management of its 
school affairs. 

Before the meeting proceeds to elect officers, the minutes of the last 
a.nnual meeting should be read, and those of such special meetings as 
have been held during the year. The reports of district officers should 
also be presented, and referred to a committee for examination, with 
instructions to report at some later stage of proceedings. The reports 
should be in writing, a,nd should be carefully examined by the com- 
mittee, or by the meeting, if convenient. All school officers should be 
held to a strict accountability for the faithful performance of their 
duties, and the financial statements submitted should be a,ccompanied 
with vouchers for all moneys expended. Reports of officers should 
be spread upon the records, as papers that are merely filed are often 
lost. 

If a vacancy exists at an annual meeting from any other cause than 
the expiration of the incumbent's term, it is advisable that a reso- 
lution be passed .declaring that such vacancy exists, and stating the 
ground on which the meeting regards the office vacant. It is for the 
meeting to judge in the fi.rst instance whether a vacancy exists, and 
although it may err in so declaring, the ofiicer elected will be deemed 
an officer cle facto, and his acts in relation to the public and third 
persons deemed valid, until his election is pronounced void by compe- 
tent authority. 

If a mistake is made in stating the length of an unexpired term, 
the person elected will nevertheless serve to the end of the term, and 
no longer, as this matter is regulated by law, and not by the vote of 
the district. 

The election of all school district officers must be by ballot, and a 
majority of all the votes cast is essential to a choice. 

District officers may be elected at an adjourned annual meeting, 
if such meeting be held within tetf days after the time fixed by law 



POWERS OP DISTRICTS. ^21 

for holding the annual meeting. A school district officer elected at an 
annual meeting cannot he displaced at an adjourned annual meeting. 

The manner ol: resignations of school officers is fixed by sub-division 
8, section 961, statutes of 1898, in the following wrords: "Resignation 
by a school district officer shall be made to the district board." It Is 
clear from this that A resignation m.ade to the electors at an annual 
meeting is not the resignation contemplated by statute and therefore 
does not without some other act of the officer, create a vacancy. 

4. To tlesignatc a site for a district school-bouse. 

The vote of a district at an annual meeting, or at a special meet- 
ing called for that purpose, is necessary to establish a site. The dis- 
trict cannot delegate this poAver to the board or to a committee ap- 
pointed for that purpose; although either may be authorized to ex- 
amine the situation, price and title of a proposed site. 

Every schoolhouse site should contain at least one acre of land; 
should be described by the government survey; should be easily ac- 
cessible to all parts of the district. A dry, sheltered spot should be 
chosen, so high that surface water vi^ill flow from, and not toward the 
site. A schoolhouse should never be placed on low or marshy ground, 
near a stagnant pool, or in the midst of distracting or unhealthful 
surroundings. 

It is quite proper, but not necessary, to designate a site before voting 
a tax to build the schoolhouse; neither is it necessary that the sits 
should be designated before levying a tax to pay for the same. If 
the tax deemed sufficient is afterwards found to be too small, an ad- 
ditional tax m_ay be voted; and, if too much is raised, the electors may 
appropriate the same to any object for which they can legally raise a 
tax. The expense of investigating the title and of recording the deed 
may legally be included in the tax for a site. Although the law au- 
thorizes the leasing of a site, it does not permit the district to contract 
a permanent debt for future rent. Land for a site is sometimes held 
under a lease granting it for a consideration, paid in advance, for so 
long a time as the same may be used for the purpose of a public school. 
It is always advisable that the district should own the site. 

Sections 477 — 484 prescribe the course to be pursued when, for any 
reason, the district is unable to obtain the site that has been chosen 
according to law. 

Where a schoolhouse is erected upon leased ground, the district may 
remove the same at any time previous to the expiration of the lease. 
(7 Bart.; N. Y. R., 266.) 

A clear title to a schoolhouse site ought always to be secured, and 
where land chosen for this purpose is a part of a mortgaged tract, 
a release should be obtained, if possible, before erecting a schoolhouse 
thereon. 

5. To vote sncli tax as tlio meetiiiG: sliall deem sufficient to 
purchase or lease a suitable site for a school-house, to build, hire 
or purchase a school-house and to keep in ro]')air and furnish 
the same wiih the necessary fuel and appendages ; provided, 
-that no district containing a itopulation of k'ss tlian two hun- 
dred and fifty inlialntants shall have power to lew and collect 
a tax for building, hiring or purchasing a school-house of more 



M BOHOOL LAWS OF WISCONBlM. ' ^^ 

than six liiindred dollars in any one year, unless the town board 
of the town in which snch school-house is to be situated shall 
certify in writing that in their opinion a larger sum should be 
raised, sj)ecifying such sum, in which case an amount not ex- 
ceeding the sum specified may be raised; provided, further, 
that no district containing a population of less than one thou- 
sand inhabitants may have power to raise and collect in any 
one year, for the purposes above specified, more than one thou- 
sand dollars, unless the town board shall certify as above set 
forth. 

Although a, tax may be levied before a title has been acquired, yet 
the district Doard should not part with the money before a conveyance 
of the site has been made. 

The question sometimes arises as to the legality of connecting the 
schoolhouse with other buildings made for different purposes, and 
under other control than that of the district board. This department 
has held that a tax cannot be voted for building a house for joint 
use as an academy and schoolhouse, or a church and a schoolhouse, 
and that any partnership which does not secure to the district board 
the complete control of the house for school purposes is illegal. 

A district meeting may vote a tax for a fence, sidewalks, separate 
privies for the two sexes, wood-house, stoves, stove-pipe, and bell, aa 
these are held to be necessary appendages. 

Money may also be raised to pay for the insurance of the school- 
house. The schoolhouse can now be insured in those companies that 
require a note for part of the premium. All taxes voted must be for 
specific and legal objects and the specific amount raised for each or 
the several objects for which the tax is levied should be stated in the 
resolution passed by the meeting, in order that the district and the 
board may know the precise extent of their liability and authority. 

A district has power to vote a tax to enlarge a schoolhouse, notwith- 
standing it may have cost all that said .district is by law authorized 
to raise in any one year, and the tax for such enlargement does not 
require the consent of the town supervisors thereto. The amount re- 
ceived from the sale of the old schoolhouse may be added to the amount 
authorized by law to be raised for building in any one year, and ex- 
pended for the new building. 

6. To vote such tax as the meeting shall deean proper for the 
payment of teachers' wages in the district; provided, that for 
such purposes, in all school districts having an average attend- 
ance at school for the year of fifteen scholars or less, not more 
than three hundred and fifty dollars shall be raised in any one 
year; in all school districts having an average attendance of 
not more than thirty nor less than fifteen scholars, not more 
than four hundred and fifty dollars shall be raised in any one 
yeai-; and in all school districts having an average attendance 
of not more than forty nor less than thirty scholars, not more 



' ' ' ' POWERS OF DISTRICTS. 23 

than five liundred and fifty dollars shall be raised in any one 
year. 

The constitution provides that the income of the school fund shall 
be applied to the support and maintenance of common schools, in each 
school district, and the purchase of suitable libraries and apparatus 
therefor; while section 558 provides that the money received by each 
district from the income of the school fund shall be devoted exclu- 
sively to the payment of teachers' wages. Whether these apparently 
conflicting provisions can be reconciled or not, it is certain that the 
legislature here requires that districts shall pay each year, for teach- 
ers' wages, an amount equal to that received from the income of the 
school fund. The limitations of this section apply to the amount that 
may be raised for this purpose by taxation, exclusive of the amount 
received from the school fund income. 

Y. To authorize and direct the sale of any school-house, site 
or other property belonging to the district when the same shall 
be no longer needed for the use of the district. 

The district should determine the conditions of the sale for which 
this section provides, if it desires to control the contract which its 
board is alone competent to make. 

8. To impose such a tax as may be necessary to discharge 
any debts or lifibilities of the district lawfully incurred. 

By sections 435 and 436, district boards are empowered and required 
to do many things that may impose a debt upon the district. 

9. To vote a tax not exceeding seventy-five dollars in any one 
year for the purchase of maps, blackboards and school ap- 
paratus. 

Outline maps, reading charts, globes and blackboards add greatly 
to the efficiency of schools. Boards should be guided in the purchase 
of school appliances by the judgment of competent teachers, and that 
of disinterested persons who have some acquaintance with the teach- 
ers' nefeds. Thousands of dollars are doubtless expended annually in 
this state for apparatus that is practically worthless in the school 
room while the most necessary helps are entirely v/anting or in sucn 
poor condition as to be useless. 

10. To vote a tax not exceeding one hundred dollars in any 
one year for a district library, consisting of such books as they 
may direct their district board, at a district meeting, to pur- 
chase, said books to be selected under the advice of the state 
superintendent; provided, that any school district having less 
than two hundred children of school age shall not vote a tax 
exceeding fifty dollars in any one year for such library; and 
that no district containing a population of less than two hun- 



24 SCHOOL LAWS OF WISCONSIN. 

dred and fifty inhabitants shall have power to levy and collect 
a 'tax of more than five hundrcid dollars in any one year for 
any purpose other than for the pni'i>oseiS prescribed in the fifth 
subdivision of this section, and for the payment of the princi- 
pal and interest of any loan due the state. 

Comments on the legislation relating to township and district libra- 
ries will he found under sections 485 — 486a. 

11'. To authorize the district board to borrow money as pro- 
vided elsewhere in these statutes. 

Sections 474, 475, 476— 476a and chapters 40 and 342, laws of 1901, 
prescribe the manner in which, and define the purposes for which a 
school district may borrow money. 

12. To authorize the district board to admit to the privileges 
of the school persons over twenty years of age and persons no't 
residing in the district, whenever such admission will not inter- 
fere with the accommodation or instruction of the scholars re- 
siding therein, and to fix a fee for tuition per term, quarter or 
year to be charged to the persons thus admitted. 

By this clause the district is empowered to determine whether tae 
persons named shall be admitted to the privileges of the school. Where 
the district fails to instruct the board in this matter, the board shall 
determine the fact and the rule under the general powers conferred 
upon district officers by the statutes. 

It is sometimes difficult for district boards to determine the liabil- 
ity of inhabitants for the tuition of persons in their employment or 
under their protection. The general rule is that a minor's residence 
is with his parents or parent while they or either of them is alive ana 
maintains a home. An orphan without a guardian takes his resi- 
dence with him. While it is not right to allow non-residents and per- 
sons over twenty to overcrowd and so impair the efficiency of the 
school, it is well to remember that the constant purpose of the state 
in the establishment and maintenance of public schools is to dissemi- 
nate as widely as possible the advantages of a common school educa- 
tion. 

That provision of the state constitution which requires that "sucli 
schools shall be free and without charge for tuition to all children 
between the ages of four and twenty years," implies that every child 
of school age is entitled to free tuition somewhere. This manifesi 
purpose of the state to extend the advantages of a common school edu- 
cation to all children within her borders, should lead school districts 
to exercise the authority to charge or to remit tuition with which tire 
law vests them in a spirit of liberality toward those children that are 
compelled by parental neglect to seek the equipment that the schools 
furnish beyond the limits of the home district. 

The supreme court of the state (74 Wis., page 48) laid down the 
rule that a child is entitled to free tuition in a district in which he 
is residing for other, as a main purpose, than to participate in the ad- 



POWERS OF DISTRICTa. £5 

vantages which the school affords. It will he seen that the decision 
guards carefully against that interpretation of the law which would 
require districts to furnish tuition to those pupils who are in the dis- 
trict for the purpose of availing themselves of its superior school ad- 
vantages. See also 59 Conn., 489. 

The district hoard has no authority to admit non-resident children 
into the school contrary to the vote of the district, nor has it author- 
ity to exclude them after the district has voted to admit them. It is 
tlT^e duty of the board, in this matter, to carry into effect the instruc- 
tions of the district. 

It will be seen that the board has povv-.-^i- under section 439 to admil 
persons betv/een twenty and thirty years of age to the schools in cer- 
tain cases. This pov/er is commented upon in the proper place. 

The teacher has no authority in the matter of admitting or exclud- 
ing non-residents, but will be goveimed by the instructions of the 
board. 

13. To aii'tliorize tlie district board to purchase text-books 
for use in the public schools, to be loaned or furnished pupils 
under such conditions as, by such vote and regulations of the 
board thereunder, may be prescribed. 

Section 440 requires school district boards to determine what books 
shall be used in their respective districts, and section 430b provides 
that the question of furnishing free text-books shall be submJtted to 
every annual school district meeting. It v/ill be seen that while the 
board has power to adopt, it has no power to purchase text-books, 
unless atithorized to do so by the district at its annual meeting. Books 
that have been adopted must be retained for three years; but boards 
cannot bind their districts to purchase these books at a fixed rate, 
or of a given house for more than one year. IG Wis., 336. 

14. To detennine the Icng'th of time a school shall be taught 
in their district the 'then ensuing year, wh-ieh shall not be less' 
than six [seven] months, and whether such scliool shall be 
taught by a male or female teacher, or both, and whether the 
school money to which the district is entitled from the school 
fund income and from the Uavii shall be applied to the support 
of the smnmer or winter scl.-ool or a certain portion to each; 
but if such matters shall nol" be determined at the annual meet- 
ing the district board shall deter-mine the same. 

The number of days during which a school must be taught, to meet 
the requirements of tiie law in regard to the apportionment of school 
money, is one hundred and forty, and this number includes legal 
holidays, viz.: New Year's day, the twenty-second of February, the 
thirtieth day of May (Memorial day), the Fourth of July, the day 
of general (or fall) election, and Christmas, together with days of 
fasting or thanksgiving appointed by state or national authority. 

In order that holidays may be legally counted as part of the term, 
they must occur during the time school is in session, and not during 
any vacation period. ' 



^(^ SCHOOL LAWS OF WISCONSIN. 

If the matters mentioned in this clause are not determined at the 
annual meeting, the district board must determine them; but it Is 
competent i:or the district at a special meeting to decide what shall 
be the sex of the teacher and as to the length of the term of school. 

It should be borne in mind that a district, at a special meeting, can- 
not rescind a resolution passed at an annual meeting or set aside the 
action of a district board when rights have been acquired by virtue 
of such resolution or such action. 

15. (As amended bj Ctap. 351, Laws of 1901.) To author- 
ize the district Board to suspend the district scliool for such 
length of time as they may deem expedient, and to the best 
advantage of the district and pupils residing therein, and to 
an'ange with any adjoining or other district or districts, for 
the instruction of persons of school age residing in the district, 
during the time when the school may be suspended, and to pro- 
vide for the transportation of any, or all pupils residing there^ 
in, to and from the school-house in the district with which the 
arrangenient for their instruction is made, and to include in 
the tax voted at the annual meeting, the amount of the expense 
incurred in providing for the transportation, and for the tuition 
of pupils in an adjoining or other district, or districts. 

16. (As amended by Chap. 351, Laws of 1901.) To vote a 
tax for the purpose of providing for the free transportation of 
any or all children residing in the district, by most direct route, 
to and from the school-house in the district. 

17. To give such direction and make such provision as may 
be necessary in relation to the prosecution or defense of any 
action or proceeding in which the district may be a party or 
may be interested. 

The district may appoint any suitable person to represent it in a 
suit; but in the absence of such appointment, the director is consti- 
tuted the representative of the district in all suits. See section 442 
and the comment thereon. 

18. At the annual meeting only, to vote a tax to compensate 
the clerk, which, in districts supporting graded and high 
schools, shall be such sums as may be voted, and in other dis- 
tricts not more than ten nor less than five dollars. 

It will be noticed that the clerk is entitled to the compensation 
specified in this section, only when it has been voted at the previous 
annual meeting of the district. Whenever an annual meeting refuses 
to grant compensation to the clerk, or fails to vote on the question, 
he, like the other district officers, must serve without pay. 



i'OWERB OP DISTRICTS. fji^ 

19. To alter or modify tlie [tlieir] proceedings as occasion 
may require. . ; I . « 

The power to repeal proceedings cannot be exercised after they have 
been carried into effect, so that rights have been acquired under them. 
When the district board has made a contract under authority of the 
district, the repeal of the resolution authorizing such contract will 
not abrogate the contract. 

A district can repeal a resolution to raise a tax, at any time before 
the warrant to collect the tax is handed to the collector; but this power 
cannot be exercised after part of the tax has been collected (Gale 
vs. Mead, 4 Hill; Smith vs. Dillingham, 4 Barbour.) When it is 
thought advisable to repeal a resolution it should be done in express 
terms and not by implication. 

Officers elected at an annual meeting cannot be displaced by recon- 
sidering or rescinding former proceedings at an adjourned meeting. 
When an election has been held in due form, the elective power of 
the district is exhausted, and the officers chosen at the annual meeting 
are the legal officers of the district, until by death, resignation, re- 
moval from the district, expiration of term, refusal to serve, or re- 
moval from office, a vacancy occurs proper to be filled by election or 
appointment. And when a person entitled to hold office has been 
elected, and has not refused to serve, there is no power to take it 
from him or to debar him from assuming its duties. 

Limitation on taxes. Section 430a. The total amount of 
scliool district tax hereafter levied in any school district in this 
state in any one year for building, hiring or purchasing any 
school building and for the maintenance of schools, including 
teachers' wages and. incidental expenses, shall not exceed five 
per cent, of the total assessed valuation of taxable property in 
sach school district for the current year. 

Vote on free text-books. SECTioisr 430&. At the annual 
meeting the question of providing free text-books for the use 
of all pupils attending the schools in the district and levying 
a tax sufficient to meet the expense of furnishing free text-books 
for the use of such pupils shall be submitted to the legal voters 
present at such meeting and a vote taken thereon. The chair- 
man shall direct the vote to be taken before entertaining a mo- 
tion to adjourn sine die, and upon demand of any five legal 
voters present the vote shall be taken by ballot if a written reso- 
lution upon the question be submitted, and the ballot of those 
favoring the resolution submitted shall have thereon the word 
"yes," and of those opposing the word "no." 

This statute was designed to supplement clause 13 of section 430. 

Kindergartens. Section 4:30c. (Created by chap. 298, laws 
of 1899.) In any school district under the supervision of the 



28 SCHOOL LAWS OF WISCONSIN. 

county sin3erinteiident in wliicli a liigli scliool or a graded 
school having more than t^vo departments is maintained the 
question of establishing and maintaining by the levy of a tax 
therefor as many kindergartens as will be required to accom- 
modate the children of such district betAveeii the ages of four 
and six years, allov/ing forty pupils to each kindergarteiT may 
be submitted at the annual meeting to the legal voters present 
and a vote taken thereon as in the case of a vote on free text- 
books. 

Section 430cZ. (Created by chap. 298, laws of 1899.) 
The board of education in any city of the third or fourth class 
whether organized under the general law or special charter, at 
the time of certifying to the city clerk its yCiarly estimate of 
the expenses of the public schools under its charge, shall certify 
also separately an estimate of the cost for the school year of 
as many kindergartens as will in their judgment be required 
for the accommodation of the children of said city between the 
ages of four and six j^ears. The council shall take action 
thereon. If the whole or a part of the estimate be apj^roved, 
the council shall make an a]3propriation of the amount approved 
by them for tliat purpose, vdiich shall be in addition to the other 
funds appropriated for school purposes and shall be used only 
for the support of such kindergartens. 

This chapter commends itself to those who are in favor of the es- 
tablishment of kindergarten departments, either in the country or in 
cities of the third and fourth classes. 

For legal qualifications of kindergarten teachers, see chapter 347, 
laws of 1901. 



DISTRICT OFFICERS. 29 



ir -DISTRICT OFEICERS. 



Elections, terms and acceptance. Section 431. The officers 
of the district shall be a director, treasurer and clerk, who shall 
be residents of the district and hold their respective offices for 
three years and until tlieir successors have been elected or ap- 
pointed, but not beyond ten days beyond tjie expiration of 
their term of office without being; again elected or appointed; 
provided, that at th^e first election of such officers in any newly- 
organized district tlie clerk shall be chosen for one year, the 
treasurer for two years and the director for three years; and 
thereafter each officer shall be chosen for three years. Any per- 
person present at a ineetiiig' at which he shall be elected one of 
the board shall be deemed to be notified thereof; and any per- 
son so elected and not present shall be notified thereof by the 
clerk of said meeting within five days thereafter; and unless 
each person elected and notified shall within ten days after his 
election file with the clerk his refusal in writing to accept the 
office he shall be deemed to have accepted the same. 

See Forms Nos. 15 and 16. 

For law relating to Echool boards of seven members, see chapter 317, 
laws of 185'9, as amended by chapter 205, laws of 1901, found luider 
section 430, relating to powers of districts. 

In reckoning the terms of district officers, the time from the first 
meeting of a legally organized district to the first annual meeting, no 
matter how short that may be, is to be considered a year, because all 
subsequent elections must take place at the annual meetings of tiie 
district; hence, at the first annual meeting after its organization tne 
district will elect a clerk, at the second a treasurer, and at the third, 
a director, each for a term of three years. . Ordinarily, but one district 
officer will be elected at an annual meeting, but it will sometimes be 
necessary to fill the unexpired terms of those who have vacated their 
offices. 

Section MS restricts districts in their choice of treasurers; and pro- 
vides that they shall hold their offices until their successors are elected 
or appointed, and qualified by filing the required bonds. 

Section 513 makes women twenty-one years of age eligible as school 
district officers. Persons that have declared their intention to become 



30 SCHOOL LAWS OF WISCONSIN. 

citizens are eligible to district offices. The supreme court in 14 Wis., 
539, held that,— 

"As to all such governments it is an acknowledged principle which 
lies at the very foundation, and the enforcement of which needs 
neither the aid of statutoiT nor constitutional enactments or restric- 
tions, that the government is instituted by the citizens for their lib- 
erty and protection, and that it is to be administered and its powers 
and functions exercised only by them and through their agency." 

The doctrine laid dov/n in this decision applies to women as well 
as to men. A married woman's legal status is determined by that of 
her husband. 

District board. Section 432. The director, treasurer and 
clerk sliall constitute tlie district board. Meetings of the board 
naay be called by any two members thereof by serving on tliQ 
other member a written notice of the time and place of such 
meeting at least twenty-four hours before such meeting is to 
take place. ISTo act authorized to be done by the board shall 
be valid unless voted at i'te meeting. ISTo fonual notice of a 
meeting will be required v/here all members are present and con- 
sent to consider matters relating to the district. 

The decision of a majority at a meeting properly convened, is the 
decision of the board, but the decision of a majority, or even of all 
three, under other circumstances, is not the decision of the board. It 
is merely the concurrent opinion of the members, and is no more the 
decision of the board than the concurrent opinion of the members of 
the legislature, arrived at by taking their separate votes at their re- 
spective homes, would be an act of the legislature. 37 Wis., 54; 59 
Wis., 518. 

It was herd in 16 Maine R., 185,. that the dismissal of a teacher by 
two, a majority of the board, was illegal, because the third was not 
notified, although he was out of town. The court say: "That does not 
allow the majority to dispense with the rule requiring notice. They 
are not in such cases constituted the judges whether the notice would 
be effectual to secure his attendance. Nor would it be entirely safe 
to entrust them with such power, as it would afford an opportunity 
to select an occasion when they might judge that a notice would be 
ineffectual, and thus, by neglecting to give it, free themselves from the 
presence of a dissenting minority. It may often happen that those 
villi be able to attend, who were believed to be so situated that their 
attendance could not be expected. Nor is there any difficulty in giv- 
ing the requisite notice in such cases, as one left at the usual place 
of residence would be sufficient." 

A single member of the board may be authorized to carry out a 
vote or determination of the board, such as making a purchase, en- 
gaging v/ork to be done, etc. 

In Nevil v. Clifford, 63 Wis., 435, the court held that: 

1. The school board has the power to build a schoolhouse out of 
funds provided by the district for that purpose, but has no power to 
build, or cause to be built, a schoolhouse, and then make the cost of 
the building a charge against the school district. 

2. The voters at a school district meeting cannot authorize tMe school 



DISTRICT OFFICERS. 3I 

board to contract a debt on behalf of the district, or to levy a tax; 
in an amount beyond the limit of their own powers in that behalf. 

3. Nor can a school district ratify a contract or acts of the school 
board, which it would have no power to authorize in the first instance. 

4. A school district though containing less than 250 inhabitants may 
borrow a sum exceeding $600 for the purpose of building a school- 
house, if the money is borrowed on such terms that it will not be 
necessary, in order to repay it, to levy a tax exceeding $600 in any 
one year. Subd. 11, sec. 430, and sees. 474, 475, 476, 476a, statutes of 
1898, and chapters 40 and 342, laws of 1901. 

Filling vacancies. Sectioit 433. The board may fill by ap- 
pointment any vacancy that may occur in their number within 
ten days after such vacancy shall occur; and if such vacancy 
shall not be so filled ilve toA^al or village clerk, and in the case 
of a joint district the clerk of the town or village in which 
the school-house is situated, shall fill such vacancy by appoint- 
ment. Any person upon being notified of his appointment 
shall be deemed to have accepted the same unless within five 
days thereafter he shall file with the clerk or director a written 
refusal to serve; and any person so appointed shall hold office 
until the next annual meeting, at which the electors shall fill 
such vacancy for the unexpired term. 

See Forms Nos. 17, 18 and 19. 

Section 962, of the Wisconsin statutes, declares when offices become 
vacant. That section is here inserted: 

Section 962. Every office shall become vacant on the happening of 
either of the following events: 

1. The death of the incumbent. 

2. His resignation. 

3. His removal. 

4. His ceasing to be an inhabitant of the state: or if the office be 
local, his- ceasing to be an inhabitant of the district, county, town, 
city or villaee by or for which he shall have been elected or appointed, 
or within which the duties of his office are required to be discharged. 

5. His conviction of any infamous crime, or of any offense involv- 
ins; violation of his official oath. 

6. The decision of a competent tribunal declaring void his election 
or aprointment. or adjudging him insane. 

7. The neglect or refusal of any person elected or appointed or re- 
elected or re-apDointed to any office to give or renew his official bond, 
or to deposit the same in the manner and within the time prescribed 
by law. 

8. The neglect or refusal of any officer in office to execute and file 
an additional bond, when lawfully required, in the manner and within 
the time so required or prescribed by law. 

9. The death or declination in writing of any person elected or 
appointed to fill a vacancy, or for a full term, before he qualifies, or 
his death or such declination before the time when, by law, he should 
enter upon the duties of his office, to which he was elected or ap- 
pointed. 



33 SCHOOL LAWS OF WISCONSIN. 

10. On the happening of any other event which is declared by any 
special provision of law to create a vacancy. 

This section introduces authority for the- village clerk to appoint 
members of district boards, or members of boards of joint districts, 
in all cases where the members of the boards themselves fail to fill 
a vacancy in their own number. 

This power of appointment by the village or city clerk dees not ex- 
tend beyond the limits of the district in which an organized village 
or city is located. 

"When a vacancy in the board of a joint school district has not 
been filled by the board itself within ten days, such vacancy must 
be filled by appointment made by the clerk of the town, village or city 
in which the school house of the joint district is situated. 

By this section it is made the duty of the town, city or village clerk 
to fill a vacancy in a district board when he is officially informed of 
its existence; but his function is administrative, not judicial, and 
does not clothe him with authority to inquire into the validity of an 
officer's electon or appointment, or to declare an office vacant. 

The sufficiency of the treasurer's bond must be determined by the 
directors and clerk, but they are bound to exercise a sound discretion 
and may not use this power to defeat the will of the district. 

"The wilful and unjust refusal of the officer required to approve 
the official bond of a person elected or appointed to an office, to give 
it his approval, cannot deprive such person of his office or create a 
vacancy therein. 

"If the failure of a person appointed to an office to file his official 
bond within the tihie prescribed was due to no neglect or default on 
his part (as where the officer required to approve such bond withheld 
his approval on the ground that the appointment was invalid), such 
appointee may, after judgment in his favor in an action to oust an 
usurper from the office, file his bond and do any other act necessary 
to entitle him. to discharge the duties of the office." See section 3471, 
W. S.; 65th Wis., 510. 

The word "town" may be construed to include all cities, wards, or 
districts, unless such construction would be repugnant to the pi'ovi- 
sions of any act specially relating to the same. Subd. 17, sec. 4971, 
W. S. 

The power of a district board to fill a vacancy continues but ten 
days; if they do not fill it in that time, the duty devolves, upon the 
town clerk. But neither the board nor the town clerk is authorized 
to act judicially, and set aside an election, where an officer is deemed 
to have been elected illegally. Such person having been declared 
elected, and having entered upon the office, will be held to be an officer 
cle facto until the illegality of his election is determined by compe- 
tent authority. 

In other cases the board of the town, city or village clerk, before 
making an appointment, must of necessity decide in view of the facts 
that a vaca,ncy exists, and in the order making the appointment, the 
facts which have caused the vacancy should be stated. 

In case of expiration of a term of service, and no election to fill the 
vacancy, it is to be understood that the term does not actually expire 
until ten days after the annual meeting. The board then has power, 
for ten days, to fill the vacancy; and the town clerk has therefore no 
power to fill it until twenty days after the annual meeting. 

In case of a single vacancy in the district board, those in office pos- 
sess all the powers of a full board for the purpose of filling such va- 
cancy, but if two vacancies exist at the same time, the remaining mem- 
ber cannot fill them. It must be done by the town clerk. 



DISTRICT OFFICERS. 33 

A person should not be re-appointed who refuses to serve, or whose 
resignation has been accepted. The statute regards the penalty for 
refusing to serve as an equivalent for the service. (See section 500.) 

In case of appointment, the term of office of the appointee expires 
at the next annual meeting, and if a successor is not then elected, the 
incumbent cannot hold the office more than ten days after the annual 
meeting. It then becomes the duty of the board to fill such vacancy, 
and if they neglect to fill.it, this duty devolves on the town clerk. 

Vacancy. SECTioisr 433a. When the clerk, director or treas- 
urer shall be and remain absent from the district for which 
he was elected for a period exceeding sixty days his office shall 
be deemed vacant. 

Purchase, etc., of school-house. Section 434. When law- 
fnlly directed by the electors the board shall purchase or lease 
the site for a school-house desigiiated by the district, build, 
hire or purchase a school-house out of the funds provided for 
that pui-pose, and sell and convey any site, school-house or other 
pro]3erty of the district. 

See Form No. 20. 

A school district is a corporate body, and as such has perpetual suc- 
cession and existence in its corporate name, and the capacity to hold 
real and personal estate for its corporate purposes. It possesses this 
power as a legal body wholly distinct fi'om the individuals who from 
time to time compose it. The district can act as a corporation only 
through its officers. The power to purchase or lease a site for a 
schoolhouse, or to build, hire or purchase a schoolhouse, or to sell any 
schoolhouse, site or other property, belongs exclusively to the district 
board. It is often the case that a building committee is appointed by 
the district to superintend the erection of a schoolhouse. Although 
the law contemplates no such committee, there may be no serious ob- 
jection to it, if it can aid the board by its advice and services in car- 
rying out the wishes of the people. But the district board alone has 
power to bind the district by a contract, written or verbal, and the 
district has no power to supersede them by appointing a building com- 
mittee, or any other agents. 

A stringent contract, which in all cases should be in writing, with 
proper provisions for the adjustment of any questions that may arise 
under it, should be made 

The inhabitants of a district assembled in district meeting, should 
give plain and specific instructions to the district board in regard 
to the matters referred to in this section. All votes relating to pur- 
chase or sale of a site, schoolhouse, or other district property, should 
be taken by yeas and nays, and all proceedings should be entered at 
length upon the record book of the district. 

Care of property; use of school-house. SECTioisr 435. The 
board shall have the care and keeping of the school-house, 
books, apparatus and other property of the district, except that 
especially confided by law to the clerk, and before each annual 



34 ■ SCHOOL LAWS OF WISCONSIN. 

meeting they shall make and deposit with the clerk of the dis- 
trict an inventory thereof; keep the school-house in good con- 
dition and repair, and provide all necessary appendages dnring 
the time a school shall be taught therein. They may grant 
th'6 request of any responsible inhabitant of the district to oc- 
cupy the school-house for such public meetings as will, in the 
judgTiient of the board, aid in disseminating intelligence a,nd 
promoting good morals; any such licensee shall be answerable, 
and if there be no responsible licensee, the members of the 
board shall be persona.lly liable to the district for any injury 
done to any property and for any expense incun-ed by, at or in 
consequence of any such use of the school-house. 

The books and records of the district are by law committed to the 
care of the clerk. The board has exclusive control of all property 
belonging to the district. 

It is the duty of the board to provide the necesssary appendages for 
the schooTlaouse, without waiting for instructions from the people of 
the district. They are also required to keep the schoolhouse in good 
condition and repair during the time a school shall be taught therein. 
This dutj^ should be promptly and efficiently performed. Under this 
section, the board has power to cause to be built suitable out-houses, 
and to provide blackboards, and other things necessary to the success- 
ful management of the school. 

It may be v/ise for district officers to be guided by the expressed wish 
of the district concerning matters which this section commits to their 
care; but no vote of the electors of a district can divest its officers 
of the authority or relieve them of the responsibility with which the 
statute clothes them. 

In the exercise of the discretion confided to the board under this 
section it should distinguish between things necessary and things un- 
necessary, though perhaps desirable. A stove is a necessity; an or- 
gan is not. 

This power is limited by the power to raise a tax prescribed in 
subds, 5 and 8, sec. 430; and is also conditional upon the allowance 
of the account of the board at a district meeting, as provided in sec. 
436, excepl;, where the district has already provided a fund and directed 
the board to purchase and pay for such appendages therefrom. A 
purchase of seats for a schoolhouse by the board before the district 
has voted to raise any m-oney therefor is void unless the account be 
allowed by the district or the purchase be in some manner ratified by 
it. The allowance of such account is a condition precedent to the 
levying of a tax therefor. Retaining and using such seats is not a 
ratification of the express contract made by the board therefor, when 
such contract was never presented to the voters of the district, and 
there is no evidence to show that they knew its terms. But such 
retention and user amount to an approval of the payment of the pur- 
chase price for such seats by the board: Kane v. School District, 52- 
Wis., 502. But if the term.s of such contract had been made known 
to the voters of the district at some meeting thereof, and they had 
failed to act thereon and had afterwards authorized the district officers 
to use the articles purchased, probably this would have bound the dis- 



DISTRICT OFFICERS. 35 

trict to pay the agreed price — certainly to pay the real value: Ibid. 
See note to section 434. 

The use By the district of articles purchased by the board or one 
of its members without authority does not bind it to pay for them: 
Taylor v. District Township, 25 lov/a, 437; Johnson v. School District, 
67 Mo., 319. 

Purchase of maps, books, etc. Section 436. The board may 
purcliase sucli books, blanks and stationery as are necessary for 
keeping a record of the proceedings of meetings and the account 
of the treasurer, and for doing the business of the district in 
an orderly manner, such maps, charts, globes and school appa- 
ratus as are approved by the state superintendent or by the 
county superintendent for the use of schools, not exceeding 
seventy-five dollars in value in any one year, and such school 
books as in their judgment may be necessary for the use of any 
children attending school in their district whose, parents and 
guardians may not be able to furnish the same. All sijch pur- 
chases shall be approved at a regular meeting of the board at 
which all the members are present. The board shall keep an 
accurate account of all expenses incurred by them under the 
provisions of this section and present an itemized statement of 
such purchases to the annual meeting. 

The apparatus most likely to be useful in the public schools will in- 
clude reading charts, writing charts, numeral frames, outline maps, 
color charts, blackboards, clock, call bell, thermometer, micro, 
scope and magnet. See comments under paragraph 9, sec. 430. 

It is wortli while to emphasize that provision of the section which 
requires that, "All such purchases shall be approved at a regular 
meeting of said board, at which all the members thereof shall be 
present." No contract made in violation or neglect of this plain re- 
quirement will bind the district, and all questions as to payment of 
the purchase price of any school apparatus contracted for without the 
regular meeting of the board must be settled by the firm or agent and 
the school officers as individuals. They and not the district assume 
all resDonsibilities. 

It will be noticed that boards are restricted to the purchase of such 
apparatus as has been approved by the state or county superintendent, 
and boards will often find the advice of disinterested school men a 
safer guide than their own unaided judgments. 

Flag's. Section 4:36a. Every board of education or district 
board shall purchase at the expense of the city, town, village 
or district to which it belongs and display in each school-room 
or from a flag-staff on each school-house or on the grounds 
thereof a flag^of the ITnited States, and purchase in like man- 
ner whatever may be needed for the display or preservation of 
the flag. 



36 SCHOOL LAWS OF WISCONSIN. ^ 

The above section is compulsory. When a flag is purchased, the dis- 
trict board should make some provision for properly caring for it. 
If left exposed to the weather it will be quickly destroyed. The teacher 
should exercise the same control over it that it is his duty to exercise 
in regard to other district property placed in his care during the school 
term, and the district clerk should care for it during vacations. 

Deficiency in tax; Section 437. If any district, at its an- 
nual or at a subsequent special meeting prior to the tliircl Mon- 
day of ISToveniber following, shall not vote a tax siifEcient to' 
maintain a school for the term of six [seven] months during 
the ensuing year, the board, on or before the Wednesday next 
following said third Monday of ISTovember, shall determine the 
sum necessary to be raised to maintain such school, and the 
clerk shall forthwith certify to th-e town clerk the amount so 
fixed, who shall assess the same as other district taxes are as- 
sessed; and all school money received from the school fund in- 
come shall be applied exclusively to the payment of teachers' 
wages. 

While the law has restrained districts on the one hand, from voting 
excessive taxes, it has also provided a security against the parsimony 
or negligence that would sometimes fail to open schools at all, or that 
would open them for an insufficient period. Seven months' school in 
each year is the smallest amount that entitles a district to share in the 
income of the school fund. Not to provide for at least this amount is 
a wrong to children, and an injury to the public good. The district 
board is therefore charged with the duty of making this provision, if 
it is not done by the district. The neglect to do this is punishable by 
fine, or removal from office. See sections 507, 4549 and 4550. 

Contract witli teacher. Section 438. The board shall con- 
tract with qualified teachers, specify in the contract the wages 
])er week, month or year to be paid, and when completed file 
the contract, with a copy of the certificate of the teach'cr so 
employed attached thereto, with the clerk., 'No contract with 
any person not holding a diploma or certificate authorizing him 
to teach shall be valid ; and all such contracts shall terminate 
if the authority to teacli expire by limitation and be not re- 
newed or be revoked. 

See Form No. 21. 

The duty here devolving upon the district board, like any other act 
performed by it, must be preceded by a regular meeting, as provided 
for in section 432. The district board has no authority whatever for 
paying money from the district treasury for the services of a teacher 
who has not been hired strictly in accord with statutory direction. See 
section 43"2 and the comments thereon. Through failure to comply 
with the law, district officers render themselves liable to. serious pecu- 
niary loss. 



DISTRICT OFFICERS. 



&1 



Two of the board may be in favor of hiring a certain teacher, and 
may think that because they are a majority there is no need of a meet- 
ing to consider the subject. But each member of the board has an 
equal right to be heard. Two of the board have no right to assume 
that the other member hiay not be able to give good reasons for hiring 
some other person than their candidate. Common courtesy as well as 
the law requires a meeting for deliberation. 

In negotiating for a teacher, the board should first of all ascertain 
that the person is legally "qualified." The only legal evidence of this 
is an unexpired certificate from the proper superintendent. If the 
county be divided into two superintendent districts, the certificate 
must be from the superintendent of that division of the county in 
which the school is to be taught. In case of a joint district not 
wholly wfthin the jurisdiction of one superintendent, the certificate 
must be from the superintendent within whose jurisdiction the school- 
house is situated. A certificate has no validity or force beyond the 
county or jurisdiction within which it is given, although "indorsed" 
by some other superintendent. 

The contract is of no force unless signed by at least two members 
of the board. It is better that it be signed, by all. 

There is no authority for making a contract whereby the teacher 
engages to board with the parents of the children. 

The employment of any member of the district board to teach the 
school is not strictly forbidden by statute; nevertheless, it must be 
considered illegal, because against public policy; and a contract by a 
majority of the board with one of their own number, could not be en- 
forced. 25 Wis., 551. 

' The binding character upon the district or vipon the in-coming board, 
of contracts with teachers to extend beyond the close of the school 
year, is conditional. (16 Wis., 336.) But if such contract be allowed 
to stand, the district v/ill be liable for servises rendered under it. 

The selection of the teacher and the amount of his compensation 
are committed to the discretion of the board. The board may respect 
the expressed wish of the inhabitants, but the duty and responsibility 
of action in these matters remains with it. 

The teacher's security lies, first, in securing legal qualification to 
teach; second, in securing a legal contract. A verbal agreement may 
be incapable of proof, and m^y be broken. 

A teacher holding a legal contract may be dismissed for cause, dur- 
ing its continuance, but the burden of proof always rests with the 
party that terminates a legal contract. 

A teacher prevented from rendering full service by the destruction 
of the schoolhouse, or by the suspension of the school by order of the 
board, on account of the prevalence of a contagious disease, if ready 
at all times to render the service for which he contracted, may recover 
full compensation. 50 Vt, 30; 43 Mich., 480. 

A minor possessing the qualifications may, with the assent of his 
father, contract with a board to teach school. The law seems to con- 
template that the contract shall be made with the teacher, not the 
father. If no agreement is made by the father to relinquish the minor's 
wages he may maintain an action against the board for them: Mona- 
ghan V. School District, 38 Wis., 100. 

Eules — Expulsion of pupils. Section" 439. The board may 
make all rules needful for the govermiient of the school, such 
rules to take effect when a copy of the same^, signed by a ma- 



3^ SCHOOL LAWS OF WISCONSIN. 

jori'ty of tlie board, is filed with the clerk; may suspend any 
piij)il from sctool for non-compliance with the rules made by 
themselves or by the teacher with their consent; may expel any 
pupil Vv^henever, upon due examination, they find him guilty 
of persistent refusal or neglect to obey the rules of the school 
and become satisfied that ttie interests of the school demand 
his expulsion; and may admit free of tuition any person be- 
tween twenty and thirty years of age residing in the district 
to any school under their control when in their judgment it 
will not interfere with the pupils of school age. 

The board has power to make all needful rules and regulations for 
the organization, gradation and government of the school, and to sus- 
pend any pupil for non-compliance with reasonable rules established 
by it, or by the teacher with its consent. 35 Wis., 59; 45 Wis., 150. 
But in matters of this kind the board will, in the main* be guided 
by the advice of the teacher. While the teacher is subordinate to, and 
must execute the orders of the board, he is responsible for the con- 
duct, discipline and progress of his pupils, and should, generally, be 
allowed to decide as to the means and methods of discharging this 
responsibility. Rules adopted, or approved by the board, should be 
recorded in its minutes. 

While there is no doubt as to the authority of the board to expel 
a pupil for continued insubordination or gross immorality, humanity 
demands that all other remedies should be exhausted before resorting 
to this extreme measure. It is the province of the schools to make 
good men and good women from such material as is furnished by the 
several communities. Their efficiency is commensurate with their 
power to incite the love of right things. 

It becomes the duty of a school board to expel a pupil whenever 
it is convinced that his coni'inuarce in school v/ill result in its demor- 
alization, or in the conta\iiination of his fellows; but the proof on 
which the convictiot. rests should be indubitable. It should be re- 
membered that the object of school discipline is to reform and re- 
store. If the board neglects to make rules for the government of the 
school, the authority of the teacher to enforce obedience to reasonable 
requirements is unquestionable. 

The teacher may quell insubordination by corporal punishment or 
by suspension. But these are extreme remedies, and are justifiable 
only where other means fail, or are plainly inadequtae. 

Courts have uniformly sustained the authority of school boards to 
make and enforce rules requiring pupils to bring written excuses for 
absence and tardiness under penalty of suspension. 

The rule must* be reasonable, and must be enforced in a reasonable 
manner. If a school board should authorize suspension for absence 
occasioned by a violent storm, by the illness of the child, or by illness 
or death in his family, the rule would be unreasonable and therefore 
illegal. 

Barring schoolhouse doors against tardy children in cold or stormy 
weather would be cruel, and would not be sustained. 

Not unfrequently there is a disposition to question the teacher s 
right to enforce his authority by the infliction of corporal punishment. 
It should be borne in mind that the teacher who contracts to manage 



DiSTillCT OFFICERS. gc^ 

a public school undertakes to do something more than merely to pre- 
scribe lessons and hear recitations. He assumes to govern the school, 
to maintain quiet and order in and about the schoolhouse, and to 
compel such conduct on the part of the pupils as shall best conduce 
to their own welfare and that of the school as a whole. This author- 
ity would be nugatorj^ if the teacher were not armed with some co- 
ercive power. Accordingly, the supreme courts of nearly every state 
in the union have held, with singular unanimity, to the determina- 
tion that tTie teacher has the right, in the execution of his duty, to 
inflict corporal punishment. Our own supreme court, in 45 Wis., p. 
150, held that, "A teacher is responsible for the discipline of his school, 
and for the progress, conduct and deportment of his pupils. It is his 
imperative duty to maintain good order and to require of his pupils 
a faithful performance of their duties. If he fails to do so, he is un- 
fit for his position. To enable him to discharge these duties effectually, 
he must necessarily have the power to enforce prompt obedience to 
his lawful commands. For this reason the law gives him power, in 
proper cases, to inflict corporal punishment upon refractory pupils." 
The courts have held as uniformly that the teacher v/as liable for the 
castigation of his pupils only when the punishment was unreasonable, 
or was inflicted from malicious motives. It has also been held that 
the teacher is the best judge both of the need and the measure of pun- 
ishment. There are many circumstances tending to determine the 
guilt of the pupil which cannot be set up in evidence, — such as the 
manner of tlie pupil, his tone of voice and general conduct. Still, the 
infliction of physical pain has little educational value, and a wise 
teacher will seldom resort to this method of securing obedience. 

Attendance at school. Section 439a, as amended by cliap. 
251, laws of 1901. Any person having nnder Ms control any 
child between the ages of seven and fourteen years shall canse 
snch child to attend some public or private school for at least 
twelve weeks in each school year; provided, that tliis section 
shall not apply to any child who is being otherwise instructed 
"in the elementary branches of learning for a like period, or 
who has already acquired such knowledge, or whose mental or 
physical condition is such as to render his attendance at school 
and application to study inexpedient or impracticable, or who 
lives more than two miles from any school by the nearest trav- 
eled road, or Avho is excused for sufficient reasons by any court 
of record. Any person who shall violate the provisions of this 
section shall forfeit not less than three dollars nor more than 
twenty dollars for each offense. 

Duty of officers. SECTioisr 4396. It shall be the duty of the 
director or the president of any board of education, or any tru- 
ant officer appointed by such board of education, to sue for 
any forfeiture under the preceding section, and any such of- 
ficer neglecting so to do within fifteen days after a written no- 



40 School laws of Wisconsin. 

tice lias been served upon liini by any qualified elector or tax- 
payer within the district, village or city within which the of- 
fending person shall reside shall himself be liable to a forfeiture 
of not les6 than ten nor more 'than twenty dollars for each of- 
fense, 

Truant officers. Section 439c. The board of education or 
the district board may appoint on© or more truant officers, 
whose duty it shall be, acting discreetly, to apprehend upon 
view all children between seven and thirteen [fourteen] years 
of age who habitually frequent or loiter about public places 
and tave no lawful occupation, and place such children, when 
so apprehended, in such schools as the parent or other person 
having the control of such childre] may designate. And such 
officers shall report all cases of truancy to their respective 
boards within a reasonable time. Such truant ofiicers shall 
be entitled to such compensation, to be paid out of the school 
fund, as shall be fixed by the boards appointing them. 

Use of forfeiture. Section 439fZ. The forfeiture herein 
provided for, when collected, shall be paid over to the proper 
treasurer, to be accounted for by him as money raised for school 
IJui'poses in the city, town, village or district in wLieh the per- 
son suffering the forfeiture resided at the time thereof. 

Census officer's duty. Section 43 9 e. It shall be the duty of 
all officers empowered to take the school census to ascertain 
the number of children between the ages of seven and thirteen 
[fourteen] years in their respective districts, the number of 
ct'ildren between such ages who did not attend school, and, as 
far as possible, the cause of such failure to attend, school. 

The five preceding sections are based on chapter 187, 1891, which 
took the place of chapter 519, 1889, and was a substitute for all previous 
compulsory attendance legislation. 

The law requires every person having control of a child between 
the ages of seven and fourteen years to send such child to school at 
least twelve weeks in each school year, unless he is suitably instructed 
otherwise in the elementary branches of learning, or has acquired such 
knowledge. Children whose mental or physical condition, or whose 
remoteness from a schoolhouse renders their attendance at school 
unwise or inexpedient, are also exempted from the requirements of 
this act. Penalties are provided for violation of this law. It is made 
the duty of the director of a district or president of a board of edu- 
cation to enforce the law, and for neglect of such enforcement such 
school officers are rendered liable whenever complaint is made by an 
elector or taxpayer. The law also provides for the appointment and 



CHILD LABOR. 41 

compensation of truant officers, whose special duty it shall he to se- 
cure the attendance of children who become loiterers in public places. 
Fines collected under this act are devoted to the support of the local 
public schools. And it further provides for taking the annual school 
census in such a way as to reveal specifically the number of persons 
within the ages prescribed, and who of them did not attend school 
during the year preceding. 



CHILD LABOR LAW. 

Child labor law. (Chapter 2Y4, laws of 1899, as amended by 
chapter ISS, laws of 1901, relating to child labor.) Section 1. 
No child nnder fonrteen years of age shall be employed at any 
time in anj factory or workshop, bowling alley, bar room, beer 
garden, or in or abont anj mine. 'No such child shall be eni- 
jjloyed in any mercantile establishment, laundry, or in the tele- 
graph, telephone or public messenger service, except during the 
vacation of the public schools in the town, district or city where 
such child is employed. 

Section 2. It shall be the duty of every person, firm or 
corporation, agent or manager of anj firm or corporation em- 
ploying minors in any mercantile establishment, store, office, 
laundry, manufact\iring establishment., factory or workshop, 
bowling alley, bar room, beer' garden, or in the telegraph, tele- 
phone or public messenger service within this state to keep a 
register in said mercantile establishment, store, office, laundry, 
manufacturing establishment, factory or workshop, bowling 
alley, bar room, beer garden, in which said minors shall be 
employed or ]:)ermitted or suffered to work, in which' register 
shall be recorded the name, age, date of birth, place of resi- 
dence, of every child employed or pennitted or suffered to work 
therein under the age of sixteen years, and it shall be unlawful 
for an}^ person, firm or corporation, agent or manager of any 
finn or cor-poration to hire or employ or to permit or suft'er 
to work in any mercantile establishment, store, olfice, laundry, 
manufacturing establishment, factoiy or workshop, bowling 
alley, bar room, beer garden, telegraph, telephone or public 
meeseiiger seiwice, any child under the age of sixteen years 
unless there is first provided and placed on file in such mercan- 
tile establishment, store, office, laundry, manufacturing estab- 
lishment, factory or Avorkshop, bowling alley, bar room, beer 
garden, an affidavit, made by the parent stating the name, date 
and place of birth and name and place of th'e school attended 



42 " SCHOOL LAWS OF" WISCONSIN. , ' ' 

by such cliild. If such, child have no parents or guardian, then 
such affidavit shall be made by the child, and the register and 
affidavit herein provided for shall, on demand, be produced and 
shown for inspection to the factory inspector, assistant factory 
inspectors or any officer of the bureau of labor and industrial 
statistic^. - 

, Sectiojst 3. Whenever it appears upon due examination that 
the labor of any minor over twelve years of age, who would be de- 
barred froin employment under the provisions of section 1 and 
section 3 of this act is necessary for the support of the family 
to which! said child belongs or for its own support, the county 
judge of the county where said child resides, the commissioner 
of labor or any factory or assistant factory inspector may in the 
exercise of their discretion issue, free of charge, a permit or 
excuse authorizing the einployment of such minor within such 
time or times as they may fix. 

At the suggestion of the factory inspectors and the department of 
labor statistics the above chapter giving the law relating to child 
labor is printed in this connection for the convenience of school offi- 
cers and parents who may not have easy access to the statutes or the 
session laws. 



TEXT-BOOKS. 

Choice and change of text-books. Section 440. The board 
shall determine what text-books shall be used in the school, 
make a list of such books, file a copy with; the clerk and keep 
a copy posted in the school house. When text-books shall have 
been so adopted (except in districts furnishing free text-books 
to all pupils in the school) they shall not be ch^anged for the 
term of three years, nor shall any change of text-books be made 
in the school (except in districts so furnishing free text-books) 
until authorized by a majority vote of the legal voters of the 
district at the annual meeting; and it is hereby made the duty 
of the clerk to embody in his notice of such meeting the fact 
that the question of a change of text-boolis will then be sub- 
mitted. 

The purpose of this section is to exempt districts furnishing free 
text-books from that provision of the original statute that requires 
district boards to retain adopted text-books at least three years; and 
permits them to change them only when authorized to do so by a 
vote of the district at an annual school meeting. This section removes 
this restriction from districts that furnish text-books free, and leaves 
the adoption and change of text-books to the discretion of district 
boards. Experience has clearly shown that the plan of furnishing 



"^ ■ TEXT-BOOKS. 43 

text-books' free to pupils in districts and cities is the most satisfactory, 
and much less expensive to the district or city as a whole than any 
other plan so far devised and provided for by law. It enables school 
boards to furnish each pupil in the district with necessary and suit- 
able books of the best kind at once upon entering school and at a 
cost to the district of from one-third to one-half of what is usually 
paid out by parents during the school life of their children. It is found 
in many cases that the first cost of introducing the free text-book sys- 
tem is the greatest objection to the plan. 

This may be overcome by the gradual introduction of the system. 
For instance, if the electors of the school district should at the an- 
nual meeting vote to adopt free text-books, and the directions to the 
district board v/ere to furnish readers, language books, and grammars 
only for the coming year, the expense vv^ould be slight. Next year the 
electors might extend the system by authorizing the board to procure 
geographies, spellers, and arithmetics, and other needed books might 
be provided for later. The books are handled under this system by 
the school district board, and they are placed directly in the charge 
of the district clerk when the school is not in session. It is his duty 
to see that they are placed in the schoolhouse at the beginning of 
each term and he should keep in connection with the other district 
record required by law, a complete record of all books purchased by the 
board, furnished to the teacher by him, and received from the teacher 
at the close of the year or each term. The teacher should take charge 
of issuing the books to the pupils, and should keep a record of all 
books so issued, a record of their return by the pupils, and make 
some note as to the condition of the books when received. If properly 
cared for, the books should be serviceable for from five to six years, 
and after the first adoption the district will only be under the neces- 
sity of making provision to supply books that have been worn out 
or lost. If books are carelessly handled or destroyed by the pupils, 
the pupils or their parents should be held to, account for the amount 
of the loss. 

Same in cities. Section 440a. Tiie board of education in 
any city sliall determine wliat text-books sliall be used in its 
schools, make a list of sucli books, file a copy with their clerk 
or secretary and keep a copy posted in each school building. 
When text-book.s shall have been so adopted, except in a city 
which furnishes free text-books to the pupils in its public schools 
they shall not be changed for three years. In any city where the 
district system is not in force the board of education may, 
under the limitations of this section, order changes in text-books 
as aforesaid. Such changes, except as to free text-books as 
aforesaid, shall be approved by the city council; and the board 
of education may purchase text-books for use in its schools, and 
loan or furnish them to pupils under such conditions or regu- 
lations as they may prescribe. But no text-books , which would 
have a tendency to inculcate sectarian ideas shall be used in any 
public school. 



44 SCHOOL LAWS OF WISCONSIN. 

Penalty. Section 4406. Every member of the district 
board or of a board of education, when a list of text-books has 
been adopted according to law, who shall, within three years 
from the date of such adoption, order a change of text-books 
in his district or city shall forfeit the sum of fifty dollars. 

This is. applicable to all school officers except those of districts and 
of cities furnishing free text-books. >( 

By the above provisions, it will be seen that in the first instance, be- 
fore any list of text-books has been adopted for use in the district, 
the district board is authorized and required to adopt such a list, file 
one copy with the clerk, and post one copy in the school room. After 
this list is adopted, no change in that list can be made for three years, 
and thereafter only when the district, at a regular annual meeting, 
shall authorize the board to make changes therein by a vote of the 
majority of the voters present. 

It is always safe to presume, when there is considerable uniformity 
of books in use, that a list has been adopted at some time, although 
no list can be found in the file of the clerk, or posted in the school 
room; no changes should be made until the electors authorize the 
board to do so. 

In regard to a meeting of the board, the only safe plan is to call 
and hold a meeting as provided in section 432, before acting upon 
any important matter like that of changing or adopting text-books, 
hiring teachers, etc., etc., and the attention of school officers is par- 
ticularly called to the fact that the electors at a school meeting have 
no authority to change text-books within three years after their adop- 
tion; that the electors at any special meeting cannot authorize a change, 
and that there is no authority for making contracts with publishing 
houses for a specified time. 

School boards ai-e charged with no more delicate duty than the one 
imposed by these sections. The law imposes upon district boards the 
duty and the responsibility of adopting text-books for the schools. In 
the discharge of this duty boards will do well to call to their aid 
the teacher and those best acquainted with the actual merits of the 
books. Such persons will be the best judges of the adaptation of the 
books to the needs of the school. 

Board to visit school. Section 441. The board shall visit 
the school, examine into its condition, advise with the teacher 
in regard to the instruction, government and progress of the 
pupils, and exercise such general supervision as may be neces- 
sary to carry out the provisions of this chapter. 

Insurance. Section 441a. Any district board or board of 
education may insure the school property, and, if necessary, 
execute a note for the premiums. ' , 



■ SCHOOL OFFICERS— SPECIAL DUTIES. 43 

": • SCHOOL OFFICERS— SPECIAL DUTIES. ': 

DIRECTOR. 

His duties. Section 443. It shall be the duty of the director 
of each district : 

1. To countersign all orders legally drawn by the clerk 
upon the treasurer of the district. 

2. To appear for and on behalf of the district in all actions 
brought by and against it, when no other direction shall have 
been lawfully given at a district meeting. 

3. To cause an action to be prosecuted in the name of the 
district on the treasurer's bond in case of any breach of any con- 
dition thereof, and to apply all money when collected to the use 
of the district as the same should have been applied by the treas- 
urer. 

The words "legally drawn," in the first clause of this section, make 
it the duty of the director to ascertain that orders on the district 
treasury have been drawn in accordance with law, before affixing his 
signature thereto. 

By the provisions of subdivision 17, of section 430, the district has 
power, at any meeting duly called, to give such direction and make 
such provision, as may be deemed necessary in relation to the prose- 
cution or defense of any action or proceeding in which the district 
may be a party or interested; and unless some other person is desig- 
nated to perform the duty, the director is required to bring suit and 
carry out the will of the meeting. 

In case of a breach of the treasurer's bond it is the duty of the di- 
rector to commence proceedings to protect the interests of the district 
at once, without waiting for the action of a district meeting. He may 
also bring suit for an injury to a schoolhouse without direction from 
the electors. 21 Wis., 657. 

If an action is commenced against the district, the director must 
appear in behalf of the district, without waiting for authority from a 
district meeting. The district may, however, designate some other 
person to act as its representative in the defense. 

TREASURER. 

Bond. vSection- 443. The treasurer shall, within ten davs 
after his election or appointment, execute to the district and file 
with the clerk a bond, in double the amount, as nearly as can 
be ascertained, of all the money of the district to come into his 
hands, with sufficient sureties conditioned for the faithful dis- 
charge of his duty and approved by the director and clerk. He 
shall hold office until his successor be elected or appointed audi 



46 SCHOOL LAWS OF WISCONSIN. 

qualified as herein provided. Whenever the director and clerk 
shall deem the bond of the treausrer insufficient thej shall de- 
mand an additional bond in such sum as they shall fix, condi- 
tioned, approved and filed in the manner aforesaid, within ten 
days after such demand. The neglect or refusal to file such 
bond in either case shall vacate the oflioe. jSTeither the director, 
clerk nor teacher shall hold the ofiice of treasurer in his own dis- 
trict. 

See Forms Nos. 22 and 23. 

School district treasurers hold their offices until their successors are 
electe'd or appointed, and qualified ty filing the required bond. 

A neglect to file the bond completed and approved, v/ithin ten days, 
as the law directs, vacates the ofhce. Filing it with the approval of 
one member of the board only, is of no effect. It is obviously improper 
for either the director or the clerk to become surety for the treasurer. 

The power granted the clerk and director by this section to require 
an additional bond, when deemed necessary, should be exercised when- 
ever the interests of the district demand it. No good citizen will re- 
gard the exercise of this power as an imputation upon his character. 
Whenever the surety on the bond is not such as the law requires, 
it is obviously the duty of the treasurer to furnish additional secu- 
rity, and it must be done within ten days, just as in the original filing 
of the bond. 

When the office is vacated from either of the causes named, the 
board will appoint a treasurer, who will be subject to the same con- 
ditions and possess the same powers as if elected to the office. 

By this section the treasurer is required to file a bond with securi- 
ties that are sufficient in the judgment of the director and clerk, but 
these officers are to be guided in this matter by a sound discretion, 
and not by caprice. They may require the affidavit of bondsmen, cer- 
tifying that they are worth the amount for which the bond renders 
them responsible, in their own right; but they may not use the dis- 
cretion with which the law vests them to defeat the will of the dis- 
trict. 

Failure of a treasurer to pay over money in his hands on his removal 
from office is a breach of his bond, and no demand is necessary to fix^ 
the liability of his sureties. 27 Wis., 505. 

The district has no power to release a treasurer from liability for 
money lost or mis-applied by him. 10 Neb., 293. 

If a district treasurer pays out any money of the district except 
upon an order therefor, properly drawn by the clerk and countersigned 
by the director, he may be held responsible to the . district for the 
sum so paid. 98 Wis., page 22. 

Treasurer's duties. Section 444. The treasurer shall apply 
for and receive from the town treasurer all money apportioned 
to or collected for the district and pay money on the order of 
■the clerk countersigned by the director, and not otherwise. He 
shall keep a book in which t'e shall enter all the money received 
and disbursed by him, specifying particularly the sources from 
which the same has been received, the persons to whom 



SCHOOL OFFICERS— SPECIAL DUTIES. 47 

and the object for wliicli the same has been paid, and 
shall afford the clerk access thereto when desired to enable him 
to make his annual report. He shall present to the annual 
meeting a report in writing containing a statement of all 
moneys received by him during the preceding year and of each 
item of disbursement made by him and exhibit the voucher 
therefor. At the close of his tenn of office he shall settle with 
the board and deliver to his successor said books, all vouchers, 
orders, papers and money "coming into and remaining in his 
hands as treasurer. 

While this section requires the treasurer "to pay all money received, 
by him on the order of the clerk, countersigned by the director," it. 
should be borne in mind that he is a member of the district board and 
is bound by the general law prohibiting these officers from paying 
orders for money that has not been appropriated according to law. See 
section 446. He is not bound to pay an order to satisfy an appro- 
priation (made by the board) about which he was not consulted. 59 
Wis., 518. 

An order, although properly drawn, does not relieve a treasurer of 
his responsibilities as a district officer. It is his business to see that 
the money of the district is disbursed according to law. 

The district treasurer can ascertain the amount of money to which 
his district is entitled, by examining the certificate of apportionment 
on file in the town treasurer's office, which that officer receives from 
the toY/n clerk. The district treasurer should pay all legal orders In 
the order of presentation, when no special direction appears upon the 
order to the contrary. 

The lav^ now requires the treasurer to give the clerk access to his 
books in making his report. 

It is a duty which the treasurer owes to himself, as well as to his 
district, to keep an accurate record of his accounts, so as to be able 
to present a clear and satisfactory statement of the transactions of the 
year. The account required to be kept by him, may be a simple cash 
account, in which the treasurer personally, and in his individual name 
is charged with all school moneys received by him, and credited with 
each payment, specifying the date, the person to whom and the ac- 
count on which it was made. It is convenient and will conduce to 
accuracy to number each credit consecutively, and to affix the same 
number to the order to be produced in proof of payment, and in sup- 
port of such payment. This account should be kept in a book well 
bound, and a transcript of such account should be made, and with the 
proper voucbers, presented to the annual meeting. This transcript 
should be examined by a committee appointed by the meeting, and 
should be endorsed by said committee as having been examined and 
found correct, if the committee find it regular in all respects. When 
at the close of his term of office he settles with the district board, 
as required by law, the board should enter, upon the original account 
in the blank-book, H^s certificate that it has examined such account 
up to and including the last preceding entry (giving its date), and 
the vouchers therefor, and that it finds the same correct. 

It is deemed proper to refer here to the present lav/ in regard to 
embezzlement. Refusal of an officer or other person, made the cvisto- 
dian of money, to pay over the same on lawful demand, is declared 



48 SCHOOL LAWS OF WISCONSIN. 

to be embezzlement, and is punishable by imprisonment or fine. And 
if any person so demanding money and refused the same neglects to 
make complaint against such officer, he is also punishable by imprison- 
ment, or fine. Sections 4418-4421 of the Wisconsin statutes relate to 
this matter. It will be seen by section 963, that whenever any judg- 
ment has been rendered against the treasurer for any breach of the 
conditions of his bond the governor may declare the office vacant. The 
vacancy will be filled as other vacancies in the district board are 
filled. 

It is also deemed proper to refer here to the provisions of law re- 
lating to proceedings to compel the delivery of books and papers of 
public officers to their successors, contained in chapter XLIII., Wiscon- 
sin statutes, and embracing sections 977-983 inclusive. Severe pen- 
alties and summary proceedings are therein provided for failure to 
thus deliver books and papers to successors. 

Prosecution of town treasurer. Section 445. The treasurer 
sliall prosecute tlie towu treasurer of the town in which the dis- 
trict or any part thereof is situated for the recovery of any 
money belonging to the district which the town treasurer re- 
fuses or neglects for the space of ten days from the time fixed 
by law therefor to pay over to him. 

The treasurer should bring the action before a justice of the peace, 
if the amount withheld does not exceec! $200; otherwise, in the circuit 
court. 



CLERK. 

His duties. SECTioisr 446. It shall be the duty of the clerk: 

1. To report the name and post-office address of each officer 
of his district to the town clerk and to the town treasurer, or if 
a joint district to the clerk and treasurer of each town in which 
his district is situated, within ten days after the election or ap- 
pointment of such officer. 

2. To act as clerk and- record the proceedings of the district 
meetings. 

3. To enter in the record book provided by the board the 
minutes of its meetings, orders, resolutions and other proceed- 
ings. 

4. To enter in said record book copies of all his reports to 
■the town clerk and tbe certificate of the proceedings of a meet- 
ing returned by a temporary clerk as provided in section 430. 

5. To draw orders on the treasurer for mouey apportioned 
to or raised by the district to pay, according to the contract 
made by the board, the wages of any qualified teacher for teach- 
ing the district school, and to make any other payment voted 
at a meieting pursuant to section 430. (See Eorm ISTo. 24.) 



'^ ' SCHOOL OFFICERS— SPECIAL DUTIES. 49 

6. To make a record in some suitable book of all orders 
drawn on tt^e treasurer, 

"7. To furnish at tlie expense of the dis'trict for the use of 
each teacher a school register in the form prescribed by the 
state superintendent, to procure the same to- be returned to 
him at the expiration of tl-e teacher's employment and to pre- 
serve the same with the records and papers of the district. 

8.. To notify any person of his election or appointment to 
a district office within five days thereafter, to furnish any 
teacher a copy of the contract made with him by the board and 
to perform any other duties imposed upon him by law. 

The importance of full and accurate records cannot be too strongly 
emphasized. The record book of the district should contain a full 
history of its school affairs. Dates, names, resolutions, votes, etc., 
should be given with such exactness that no trouble can arise which 
a, reference to its pages will not help to settle. Financial statements 
and reports should be spyead out on the record book. Documents 
that are merely filed are soon lost. 

The clei-k cannot properly refuse to record the proceedings of a 
meeting that he was opposed to calling. And although he may tnink 
the proceedings illegal, it' is his duty, nevertheless, faithfully to re- 
cord them. If illegal, they may be set aside by competent authority, 
on appeal; and the record of the clerk is of importance in deciding 
the question. 

As the board has no authority to contract with a teacher who does 
not hold a legal certificate of qualification, so also any use of public 
funds, from whatever source received, for the payment of teachers 
not legally qualified, is a palpable violation of law. It is the duty 
of the clerk to see and know that the person emploj^ed is legally quali- 
fied and entitled to teach, before any order for payment is drawn. It 
is no less the duty of the director to refuse to countersign, and of 
the treasurer to refuse to pay, orders drawn in violation of law; and 
these officers are bound to know that orders are legal before they recog- 
nize them as valid. 

Orders in favor of teachers. Sectiow 446a. 'No order shall 
be drawn, countersigned or paid which is in favor of any per- 
son who has taught school in said district when not holding a 
certificate of qualification therefor as provided by law, nor for 
th-e payment of which the money has not been appropriated 
according to law, and no order shall be drawn for any money 
received from the school fund income for any Other purpose 
than payment of teacher's wages. 

4 



50 SCHOOL LAWS OF WISCONSIN. 



WHAT SHALL BE TAUGHT. 

Studies — Kinderg'artens. Section 447. Ortliography, ortho- 
epy, reading, writing, grammar, geography, arithmetic, history 
of the United States, the constitution of the United States and 
th-e constitution of this state shall be taught in every district 
school, and such other branches as the board may determine. 
All instruction shall be in the English language, except that the 
district board or the board of education may, in their discre- 
tion, cause any foreign language to be taught by a competent 
teacher to snch pupils as desire it, not to exceed one hour 
each day. District boards, town boards of school directors and 
boards of education mav provide for kindergartens, for instruc- 
tion and training of primary grades in separate departments 
or otherwise. 

The topics recited in this section constitute the foundation of an 
education. The legislature evidently regarded them as of prime im- 
portance, and .provided that they must be taught. 

Whenever, by the introduction of other branches into the public 
schools these are excluded, or are taught less efficiently, the plain pro- 
vision of the section is violated. Every school should be so conducted 
as to secure daily instruction in reading, writing and spelling, and 
written exercises should be required of persons of suitable advance- 
ment in every branch taught in the schools. 

The law contemplates instruction, discipline and government of such 
character as to prepare the young to discharge their duties as citizens 
of a country in which the English language is used by the courts, 
the legislature and the people. To carry out this provision of the law, 
section 449 provides: "No person shall receive any certificate who does 
not write and speak the English language with facility and correct- 
ness." 

Acquaintance with another language may aid in the instruction of 
children of foreign birth, or parentage, and this section allows one 
hour a day to be given to instruction in a foreign language, but the 
purpose of the provision is to limit, not to encourage the study of a 
foreign language in a common public school. 

The parent has the right to make a reasonable selection from the 
prescribed studies for his child to pursue; and a teacher is not au- 
thorized to inflict corporal punishment for the purpose of compelling 
the child to pursue the study forbidden by the parent: Morrow v. 
Wood, 35 Wis., 59. 

Physiolog-y and hygiene. Section- 44Ya. Provision shall be 
made by the proper local school authorities for instructing all 
pupils in all schools supported bv public money or under state 
control, in physiology and hygiene with special reference to 
the effects of stimulants and narcotics upon the human system. 
The text-books used in giving such instruction shall have the 



r , , PHYSIOLOGY AND HYGIENE. 51 

joint approval of the state superintendeiit and tlie state board of 
health. 

This section contemplates instruction in physiology and hygiene, for 
all pupils sufficiently adva:nced in age and scholarship, with special 
reference to the effects of stimulants and narcotics upon the human 
system. Under the guidance of an approved book, oral instruction in 
this topic may be given to pupils that are too immature to be bene- 
fited by the use of a text-book. 

The effectiveness of the work in this branch, so far as its oral presen- 
tation is concerned, will depend on the simplicity of the instruction, 
and the good judgment of the teacher in avoiding abstruse and offen- 
sive statements. In all instruction given under this law the subject 
of anatomy should be considered as taking a secondary place. 



52 SCHOOL LAWS OF WISCONSIN. 



Iir.-CERTIFICATES AND EXAMINATIONS. 



TEACHERS. 

Certificates. Section 448. If any person desires to teach in 
any of the common schools he shall procure a certificate from 
the proper examining officer, and no certificate shall have force 
except in the district of the officer by whom issued. 

Grades of; who not to have. SECTioisr 449. There shall be 
•three grades of teacher's certificates, to be known as first, second 
and third. Each certificate shall show the branches in which 
the holder has been examined and his relative attainments in 
each branch. ISTo person known to the examining officer to be 
of immoral character, deficient in learning or ability to teach 
or unable to write and speak the English language with facility 
and correctness shall receive a certificate. 



CERTIFICATION OF TEACHERS. 

(Chapter 439, Law^of 1901, amending sections 450, 451, 453 
and 452<x, statutes of 1898, and adding sections 450ft, 450&, and 
450c, relating to certification of teachers ; providing special state 
aid for graded schools and authorizing the appointment of two 
state school inspectors.) 

Additional branches required for county certificates; duration of 
first and second grade certificates extended. Section 450. 
Every applicant for a certificate shall be examined in the sub- 
jects hereinafter mentioned, for the several grades respectively 
as follows: Eor the third grade, in orthoepy, oi'thograpty, 
reading, penmanship, arithmetic, English grammar, geography, 
the history of the United States, th-e constitution of ihe United 
States, the constitution of the state of Wisconsin, physiology 
and hygiene, with special reference to the effects of stimulants 
and narcotics upon the human system, the tt'cory and art of 



; CERTIFICATES AND EXAMINATIONS. 53 

teacliing, and after January 1st, 1902, in tJie "Manual of tlie 
Elementary Course of Study for tlie Common Schools of Wis- 
consin/' and in the elements of agriculture; for the second 
grade in all the foregoing and also in algebra, physical geog- 
raphy, and after July 1st, 1902, in American literature and 
English composition; for the first grade in all the foregoing and 
also in physics and plane geometry, and after July 1st, 1902, 
in English literature and English history. If, found qualified, 
said applicant shall receive the certificate appropriate to his 
grade. A third grade certificate shall entitle the holder to 
teach for such period not more than one year as may be specified 
therein, in any town in the superintendent district in which he is 
examined, except that it may be limited by the comity super- 
intendent to one town or school district therein. A second 
grade certificate shall entitle the bolder to teach in any town 
in such superintendent district and be in force three years from 
its date. A first grade certificate shall entitle the holder to 
teach in any town in such superintendent district and be in 
force five years from its date; provided, that no such certificate 
shall be issued to any person who' has not taught successfully 
for one school year in the public schools of Wisconsin. When- 
ever a person has taught successfully for one year on such a 
limited first grade certificate, the county superintendent shall, 
upon the presentation of satisfactory evidence of such success- 
ful teacliing, issue to the holder of the limited certificate a first 
gTade certificate good for five years -from the date of issue of 
the limited certificate. 

Transfer and renewal of certificates unlawful. Section 450a. 
It shall not be lawful for any county superintendent to endorse 
a certificate issued by any other county superintendent, nor to 
extend the life of any certificate beyond the limits fixed by 
law. The papers written in any examination shall not be used 
as the basis for issuing a second certificate, which shall have 
the effect of extending the life of the certificate first issued 
thereon. But in any examination for a second certificate, when 
the applicant has taught successfully in the superintendent dis- 
trict for one school year on a certificate previously issued by 
him, tt'e superintendent may, in his discretion, accept standings 
on papers Ma-itten by the applicant in the preceding examina- 
tion not to exceed five in number, in lieu of a re-examination 
in the subjects for which standings are so accepted. 



54 School laws of Wisconsin. ■ ' 

Preservation of examination papers. Section 450&, It shall 
be the duty of efverj county superintendent to preserve on file 
in his office during the life of every certificate issued by bim or 
his predecessors, the examination papers, both questions and 
the answers thereto, examined by him or his predecessors, and 
upon which the certificate was issued; provided, th-at this sec- 
tion shall not prevent the transfer of papers to the state super- 
intendent, as provided in section six of this act. 

Issue ff certificate on transfer of papers. Section 450c. If 
any person holding a certificate desires to teach in any county 
or superintendent district other than the one for wh-ich his cer- 
tificate was issued, the county superintendent of that county 
or district may request the county superintendent who issued 
the certificate to transfer to him the papers in his possession up- 
on which the certificate was issued, whereupon it shall be the 
duty of the county superintendent so requested, to transfer the 
papers, if any. If these papers and standings are found satis- 
factory by the county superintendent to whom they were trans- 
ferred, he may issue a certificate upon them of the same grade 
as the original certificate and coterminous with it, or one of a 
lower grade to be in force a shorter time, and he shall pre- 
seiwe the papers on file in his office. If the papers are found 
unsatisfactory, and the certificate is denied, he shall return the 
papers to the county superintendent from whom he received 
them. 

See also chapter 104, laws of 1899, which will be found at the close 
of this chapter. 

Standard of attainment in branches required for certificates. 

Section 451. Each county superintendent shall establish for 
his county, subject to the approval of the state superintendent, 
the standard of attainment in each branch of study which 
must be reached by each applicant before receiving a cer- 
tificate. The standard so established shall be uniform in 
the county or su]3erintendent district and no certificates 
shall be issued until the standard is established. The 
standard in the branches of study common to the third 
grade and the second grade certificates shall be higher 
for the second than for the third grade certificate, and the 
standard in the brandies common to the second grade and the 
first grade branches shall be higb-sr for the first grade- than for 
the second grade certificate. The county superiutendeut may 



CEft'TIFICATES AND EXAMINATIONS. rg 

demand an examination in sncli additional branches as tlie ap- 
plicant may bo required to teach, and whenever he sball deem 
it necessary he may require a re-examination of any teacher 
in his county or superintendent district for the purpose of ascer- 
taining his qualifications to continue as such teacher. 

Comments relating to the standard of attainment will be found ull^ 
der section 461. liiis provision enables the superintendent to act upon 
the facts within his own knowledge in the accomplishment of the 
end contemplated in section 453. The re-examination authorizes him 
to pass judgment upon the teacher with i^eference to his learning, 
ability to teach, and moral character. If found deficient in any of 
these particulars to such a degree that his continuance as a teacher 
would be prejudicial to the interests of education, the certificate should 
not be granted. The superintendent may base his judgment as to the 
teacher s ability upon the results of the observations made by him 
during school visitation. Care should be exercised that the observed 
conditions are of a permanent character and evidence the real condi- 
tion of the school, as the authority to demand a re-examination of a 
teacher can lawfully be exercised only when there is good and sufficient 
cause for it. 

At least five days' notice should be given to the board and th6 teacher 
of the time and place wlaen and where the examination will be held. 
When the exigencies of the case demand the immediate i-emoval of 
the teacher, it is advisable to confer with the board with a view to 
secure his dismissal on the grounds of failure to perform his con- 
tract. Upon the board's failure to act, it will be proper for the su- 
perintendent, in the dischai'ge of his duty, to exercise the authority 
with which the statute clothes him, that is, he may annul the teacher's 
certificate, whereupon the contract will expire by force of law. See 
section 438. 

If the case arises near the close of the teacher's term, it may be the 
better course to require the teacher to appear at the next public ex- 
amination; the facts and circumstances of each case should control 
the action of the superintendent. 

Appeal to state superintendent from markings by county super- 
intendent. Section 453. Any applicant refused a certificate 
as teacher by the county superintendent, may apply to the state 
superintendent for a re-examination The superintendent 
upon demand, shall give any applicant refused a cei-tificate a 
written statement of the reasons of such refusal, which shall be 
presented to the state superintendent by the person desiring re- 
examination. If uiDon such re-examination the state superin- 
tendent shall be satisfied that such applicant is legally qualified, 
he shall issue a certificate of the proper grade, which shall en- 
title him to the same privileges as if it had been issued by the 
county superintendent. In the exercise of his powers of gen- 
eral supervision of the schools, the state superintendent is here- 
by autliorized to call for the examination papers, both questions 



56 SCHOOL LAWS OF WISCONSIN. 

and answers, of any person to wliom a certificate has been grant- 
ed, and it is made the duty of aU county superintendents to 
furnish such papers when so called for. If, upon exaininatiou 
of the papers, the state superintendent is satisfied that the per- 
son to whom the certificate has been gTanted is not qualified, 
he may annul the certificate. 

An appeal from the action of a county superintendent in refusing 
to grant a certificate must be conducted according to the rules and 
regulations of the department governing appeals. As the county su- 
perintendent fixes the standard of attainment under the advice of the 
state superintendent, no appeal need be taken under the impression 
that the standard will be lowered. 

If the refusal is for want of literary qualifications, a re-examination 
will probably be necessary. If for other reasons, the decision will be 
rendered according to the evidence submitted. The forms and rules 
to be observed by a teacher in taking an appeal will be found under 
section 497. 

Countersignature of high school diploma by county superintend- 
ent. Section 452a. The free high school board shall make 
out and deliver to each graduaite of the high school at the time 
of gTaduation, a certificate of his standing in the branches pur- 
sued by him in such school; and if such graduate of a high 
school, having a four years' course receive a first grade certifi- 
cate from any county superintendent, and furnish to him or to 
any other county superintendent, a certificate from the free 
high school board that includes a satisfactory standing in theory 
and art of teaching, based on a study of this subject in a free 
high sch'ool for at least twelve weeks, and furnish also satisfac- 
toiy proof of having taught successfully at least one school 
year, under such first grade certificate, such county superin- 
tendent may countersign his certificate of graduation or diplo- 
ma at any time before the expiration of the first grade certifi- 
cate, and afiix the date of such signature thereto. The diploma 
eo countersigned shall have for the period of five years there- 
after, the force and effect of a first grade certificate. It shall 
be lawful for more than one county superintendent to counter- 
sign the diploma, but no countersignature shall have the effect 
of extending the diploma as a first grade certificate^ beyond the 
expiration of the five years immediately following the date of 
its first countersignature. 

Eight months' teaching may under this section be considered as 
one year of teaching. The proof of satisfactory work should be ob- 
tained from the officers of the district in which the teaching has been 
done. If the applicant has taught in more than one district, testimo- 



STUDIES— COUNTERSIGNATURE OF DIPLOMAS. 57 

nials signed by the officers of each hoard should he furnished. The 
teaching required must be done in a public school. The high school 
officers should make it a part of their duty as a board to issue the 
certificates of standings to the graduates of their school. 

Required studies in high schools for countersignature of diploma. 

Section 496a. The state superintendent shall prepare a course or 
courses of study suitable to be pursued in free high schools, pub- 
lish the same and furnish the same upon application. He shall 
exercise such personal supei'vision and make such personal in- 
spection of the work of all such schools as they seem to require 
and the other duties of his office may warrant; he shall examine 
or cause to be examined all teachers of high schools, required 
by law to pass special examinations to qualify them for teaching 
in high schools, and grant certificates to such as pass examina- 
tions satisfactorily, which certificates shall be in such form and 
for such time as he may prescribe, and shall authorize the 
holder to teach in such special place or places, or in the whole 
state, as the qualifiqations of the candidate may warrant. Each 
free high school shall oft'er at least a twelve weeks' course of in- 
sti-uction each year in the theory and art of teaching; in the 
organization, management, and course of study of ungraded 
schools; and in the duties of citizens in the organization and ad- 
ministration of local school systems. Such a course of instruc- 
tion shall be open to all students in this school and a satisfac- 
tory standing in the work of this course shall be a condition 
precedent to the countersignature of. a diploma held by a gi-ad- 
uate of the school as provided in section 7 of this act. Said su- 
perintendent shall furnish suitable blanks for annual and spe- 
cial reports for all such schools, which shall require returns as 
to the nimiber^ age and sex of all pupils enrolled the number 
in each class or year in the course of study, the number pursu- 
ing English branches only, the number completing the course 
of study each year and such other statistics as may be deemed 
necessary. 

This section relates more especially to the free high schools and 
will also be found printed in that part of this volume relating to 
such schools. It is printed here in order to preserve chapter 439 
entire. 

Districts which may receive state aid for graded schools. Sec- 
tion 9. The school board of any school district containing 
within its limits a graded school but no free high school, nor a 



58 gcii66L LAWS OF wi§c6Ngil^. . ■ ' 

liigli- scliool of a grade equivalent to a free liigk scliool, may re- 
ceive special state aid as hereinafater provided, upon full com- 
pliance with the following conditions: 

Classes. 1. There shall be two classes of state graded schools 
in Wisconsin, known respectively as first class, and second 
class; all state graded schools ot three or more departments 
shall be in the first class, and all state graded schools of two de- 
partments sl':all be in the second class. 

Length of school year; average daily attendance. 2. Schools 
shall be maintained in the district receiving such aid, at least 
nine school months, including legal holidays, in each and every 
department. Each department shall have an average daily at- 
tendance of not less than fifteen pupils for the entire scbool 
year, to entitle the school to state aid. 

Qualifications of teachers. 3. All persons employed in both 
classes of graded schools applying for state aid shall be com- 
petent teachers and shall hold the following grade of certifi- 
cates: The principal of a state graded sct'ooi of the first class 
shall hold some form of a state certificate. In each school of 
this class one assistant shall bold a third gTade certificate, or a 
certificate of a higher grade, provided sucii assistant, if holding 
a third gi-ade certificate, shall also have had one year's success- 
ful experience as a teacher in tt-e public schools of Wisconsin; 
one assistant shall hold a second grade certificate, or a certifi- 
cate of a higher grade, and all other assistants shall hold first 
grade certificates or certificates of a higher grade. Tbe prin- 
cipal of a state graded school of the second class shall hold a 
first grade county certificate, or some form of a state certificate, 
and the assistant shall hold a third grade^ certificate or a certifi- 
cate of a higher grade, provided such assistant, if holding a 
third gTade certificate, shall also have had one year's successful 
experience as a teacher in the public schools of Wisconsin. 
The word "principal" is hereby interpreted as meaning the 
teach'er of the highest grade or grades in the school who shall 
have immediate supervision of all the grades; the word "assist- 
ant" is hereby interpreted as meaning each and every teacher 
in a state graded school other than the principal. 

Condition of buildings and grounds. 4. The school-house or 
school-houses, the outhouses and the grounds, the furniture 



STATE AID TO GRADED SCHOOLS. 59 

and equipment, sliall be maintained in good condition and kept 
free from any unsanitary feature. 

Equipment required. 5. Sufficient equipment, including 
glo'bes, maps, blackboards, library, and otlier essentials for the 
proper work of the school shall be provided by the school dis- 
trict. 

Application for aid; must be inspected. 6. When the school 
board of any school district desires to secure state aid for its 
graded schools, said scl'ool board shall make written application 
for the same to the state superintendent. ]S[o graded school 
shall be entitled to be placed upon the list of state graded 
schools and to receive special state aid until said school shall 
have leen duly inspected by the state superintendent, or some 
member of hi,s staff, and found to be fully complying with all 
the conditions of this act. 

Application before September 1. 7. In order that any graded 
school may receive special state aid as herein provided, appli- 
cation shall be made to the state superintendent by the school 
board before the first day of September preceding the school 
year for which said special state aid is requested. 

Amount of aid for two classes of graded schools; apportionment. 

Section 10. Any school district which shall have maintained 
a graded school of the first chiss in accordance with the pro- 
visions of this act shall be entitled to receive from the general 
fund of the state, annually, the sum of three hundred dollars. 
Any scL'Ool district which shall have maintained a graded school 
of the second class ir accv^-^'dance wiith the provisions of this 
act shall be entitled to receive from the general fund of the 
state, annually, the sum of one hundred dollars. To obtain 
such state aid the school board shall on or before the first day 
of August of each year, succeeding ithe school year in which 
application is made, report to the state superintendent, under 
their oaths, that such state graded school has complied with all 
the provisions of this act. Tl'.'ereupon, the said state super- 
intendent shall fix the amount to be paid such district, and cer- 
tify the same. to the secretary of state; the secretary of state 
shall then draw his warrants upon the state treasurer for the 
several claims of the sct-ool districts; the secretary of state shall 
annually include and apportion in the state tax such sum as 



'(go SCHOOL LAWS OP WISCONSIN. 

shall have been certified by the state superintendent under the 
provisions of this act; upon receipt of the annual state taxes 
said state treasurer shall pay to the school district treasurers, 
the several amounts called for by such warrants. The state 
superintendent is hereby empowered to refuse state aid to any 
school district which in his judgment has failed to comply with 
the provisions of this act. The whole amount annually paid 
under the provisions of this act shall not exceed sixty thousand 
dollars, and if more be demanded by the state graded schools, 
it shall be paid proportionally. Any unexpended balance shall 
revert to the general fund. 

Inspectors. Section 11. The state superintendent is here- 
by authorized to appoint two persons of suitable qualifications 
to assist him in inspecting and supervising the state graded 
and free high schools, and to aid him in giving information and 
needed assistance to localities in organizing such schools. Such 
persons shall be known as state school inspectors, and shall each 
receive an annual salary of sixteeen hundred dollars, and re- 
imbursement for all actual and necessary traveling expenses 
incurred, when duly certified to by the state superintendent; 
said salary and expenses to be paid monthly from the general 
fund, and to be deducted from the annual appropriation pro- 
vided for in this act, before the apportionment is made to the 
state graded schools. Said state school inspectors, when not en- 
gaged in the specific duties enumerated herein, may be assigned 
for such other duties as the state superintendent may determine 
and designate. 

Course of study; reports. Section 12. The state superin- 
tendent shall prepare a course of study suitable to be pursued in 
graded schools, publish the same, and furnish to school boards 
upon application. This course of study shall be followed by all 
state graded schools, as one condition of securing special state 
aid. Said sitate superintendent shall furnish suitable blanks 
for annual and special reports for all such state graded schools, 
which reports shall call for such information as he may deem 
necessary. The refusal or neglect of the school board or any 
of its ofiicei-s to file these reports with the state superintendent 
when called for, shall be deemed sufiicient ground for refusing 
special state aid, as provided for in this act. 



"^ STATE AID TO GRADED SCHOOLS. 61 

Number limited; incorporated cities excluded. Section 13, 
'No more than one such graded school in any village, or school 
distriot or sub-district, shall receive state aid as herein provided, 
iiur shall any graded school in any incorporated city partici- 
pate in said state aid. 

Appropriation. Section 14. There is hereby appropriated 
ont of any moneys in the general fund of the state not other- 
Avise appropriated, a sufficient sum of money to meet the pro- 
visions of this act. 

The special state aid referred to cannot be given to any district 
having a graded school and also a high school, nor is it intended that 
any special aid shall he given to graded schools located in cities. A 
district having a school of but one department, with a large attendance 
may, under this law, find it decidedly advantageous to organize an 
additional department, properly grade the school, and by so doing 
become entitled to special aid from the state, to the amount of $100 
or $300 per annum, as the case may be. Applications for place upon 
the graded school list should be made before the first day of Septem- 
ber, 1901. The following directions and suggestions are given for the 
consideration of school boards of districts interested in securing special 
aid under this chapter: 

1. Write to the state superintendent for a special application blank. 

2. When the blank is received, call a meeting of the school board 
in accordance with law, make a motion to apply for state aid, record 
this motion and the vote upon it as a part of the minutes of the 
meeting, then fill out the application which must be signed by at 
least a majority of the members of the board, and return it to the 
state superintendent. 

If it is proposed to organize an additional department to your school 
for the coming year, you should plan to recommend the levying of a 
tax sufficient to meet such changes as may be necessary, to the electors 
at your annual school district meeting to be held the first Monday 
in July. Provision must also be made for nine months of school dur- 
ing the year. 

The application for the state aid, properly signed, must be In the 
hands of the state superintendent before September 1 of any year. 

In the employment of teachers, the board must see that for a two 
department school, the principal must hold a first grade county cer- 
tificate, or some form of a state certificate; while the assistant may 
hold a thircT grade county certificate, or a certificate of some higher 
grade. If the person contracted with as assistant holds a third grade 
county certificate, one year's (eight months) successful experience as 
a teacher in the public schools of Wisconsin is also required; if the 
certificate be of a higher grade, experience is not an essential. 

For a three department school, the principal must, in order to be 
eligible, hold a county superintendent's certificate, or some other state 
certificate of higher grade. One assistant holding a third grade cer- 
tificate, and having had one year's successful experience as a teacher 
in the public schools of the state, may be employed; and the other 
assistant may hold a second grade county certificate, or one of a higher 
grade, either state or county; all other assistants must hold first grade 
county certificates, or some form of a state certificate, 



62 SCHOOL LAWS OP WISCONSIN. 

No effort should be made to provide for an additional department 
to the school, unless there is a certainty that all the departments re- 
maining, as well as the new department, will be able to maintain 
an average daily attendance of at least fifteen pupils in each through- 
out the year. It is also necessary that the different departments of 
the school shouPd be provided with such apparatus as may be neces- 
sary to enable the teacher to intelligently conduct the work. As a 
part of this apparatus the following articles may be mentioned: 

One globe of fair size, not necessarily an expensive one, and one 
or two smaller globes; at least one set of wall maps, in a spring roller 
case; an ample amount of good blackboard surface in each depart- 
ment; one or more copies of Webster's International dictionary; a 
library of reading and I'eference books; 'good seats and desks sufficient 
in number to easily accommodate all pupils enrolled, and such other 
essentials as are generally considered necessary for the comfort and 
welfare of children attending school. If, after a careful examination 
of the building and school premises, the school board deems it neces- 
sary that an additional sum should be levied at the annual meeting 
for the purpose of making the necessary repairs or additions, and 
purchasing the necessary apparatus, the matter should be placed be- 
fore the electors for their action. Arrangements should also be made 
for proper janitor sei'viee. The fences, if any, and outbuildings should 
be kept in good condition at all times. Each graded school will be 
inspected at least once each year by one of the state school inspectors, 
working under the direction of the state superintendent, and the re- 
port of these inspectors as to the character of the school, the condi- 
tion of the building, the grounds, the apparatus and furniture will 
have weight in determining the right of a school to share in the ap- 
portionment of special aid to these schools. 

Final normal school standings may be accepted by county super- 
intendents. Section 1. (Chapter lO-i, laws of 1899.) Any 
school superintendent or officer authorized to grant certificates 
to teachers in the common schools, is hereby authorized, in his 
discretion, to accept standings obtained by the completion of 
studies in any normal school of the state, when duly certified 
by the president of said normal school, in lieu of actual exam- 
ination by said'superintendent or examiner, at any time within 
three years after such standings were first obtained and record- 
ed in said normal school. The provisions of this section shall 
apply to certificates of the first, second or third grades. 

By this act additional discretionary powers are given to county su- 
perintendents in certain cases. 

Superintendents in cities of the third and fourth class. Sec- 
tion 1. (ChaDter 316, laws of 1901.) It shall be the dutv of 
the city superintendent of schools in those cities of the third 
and fourth class in which the office of city superintendent of 
schools has been created or may hereafter be created by the 



CERTIFICATES AND EXAMINATIONS. g3 

common council theTeof under the provisions of section 925- 
23 of the statutes of 1898, to examine and license teachers, and 
under the direction of the board of education to supervise and 
manage the schools. 

Ciites of the third class contain a population of ten thousand or 
over and less than forty thousand, and cities of the fourth class con- 
tain a population of less than ten thousand as determined by the last 
national or state census. 

Certificates for teachers of special Branches in cities. Section 
1. (Chapter 148, Laws of 1899.) Any city superintendent of 
schools may issue certificates to teachers of special branches, 
qualifying them to teach such branches iii the schools under his 
supervision, after such examination as to their fitness to teach 
such branches as may be provided by the school board and ap- 
proved By the state superintendent. 

By this law, the powers of city superintendents of schools are some- 
what enlarged. 

Charges against teachers. SECTioisr 4-53. If any charges be 
made in writing to any county superintendent, over the sig- 
nature of a complaint against any teacher in the superintend- 
ent's district, affecting his moral character, learning or ability 
to teach, the superintendent shall give to the complainant, the 
teacher and the board by whom he is employed at least ten days' 
notice in Avriting containing a statement of the charges and of 
the time and place when and where he: Avill hear the same. He 
shall proceed according to the notice to hear the proofs on either 
side and give the accused a reasonable opportunity to defend 
himself; he may administer oaths, and if he find the chara,'es 
sustained and sufficient, annul his certificate; but the teacher 
shall not be disqualified thereby until notice containing his 
name, the date of and reasons for such annulment be filed in 
the •office of the town clerk and a copy thereof delivered to 
the clerk of the district in which the teacher is employed. 

Immoral character, deficiency in learning, or inability to teach, is 
cause for tTie annulment of a teacher's certificate. The superintend- 
ent should listen to complaints made under these heads. Upon presen- 
tation of specific charges, he should file copies of the comnlaint with 
the teacher and with the district board, and name a suitable time and 
place for pursuing the inquiry formally. If the charges be sustained 
by convincing evidence presented by the complainant, and the rebuttal 
made by the teacher fail to exculpate him, the superintendent mav 
annul the teacher's certificate. In case of a charge of deficiency in 
learning, the superintendent may re-examine after suitable notice, aiid 



64 SCHOOL LAWS OF WISCONSIN. . ' - 

may annul the certificate for cause; and in case of charge of want 
of ability to teach, the superintendent should inspect the school. If 
he find the charges well founded he may advise the board to discharge 
the teacher, or he may proceed as directed in the comments under 
section 451. In all steps taken the superintendent is a judge, the 
teacher is defendant, and the complainant should sustain his charge 
by convincing proof. Any annulment of a certificate is subject to 
appeal and to reversal by the state superintendent. 

State certificates — High school principal's certificates. Sec- 
Tioisr 454. The state superintendent shall, before the fourth 
Wednesday of August in 'each jOiW, appoint three coiupetent 
persons, residents of this state, who shall constitute a board of 
examiners. Said board shall meet at the capitol once or more 
each year, at such times and also at such other places as the state 
superintendent shall prescribe, for the examination of all appli- 
cants for state certificates; provided, the state superintendent 
is hereby authorized to examine principals of high schools and 
of free high schools who shall have been elected superintend- 
ents of the city schools containing such high school, and to 
grant certificates to successful candidates, valid for one year and 
in a single locality. The state superintendent shall prescribe 
the manner of making application, of conducting and managing 
such examinations, reporting the results thereof, and, with the 
advice of the examiners, in what branches of study, in addition 
to those fixed by law,, the applicant for an unlimited state cer- 
tificate shall be examined. 

Any one who contemplates writing under the state board of exam- 
iners for a state certificate, either the county superintendent's, the 
limited or unlimited, should apply to the state superintendent for a 
copy of the program of the examinations and the governing rules 
and regulations. 

What branches; effect of certificate. Section 455. To en- 
title an applicant to a limited state certificate the examiners 
shall be satisfied and report to the state superintendent that he 
possesses the requisite scholarship in all the branches of study 
required for a first grade county certifiijeate:, and also in mental 
ph'ilosophy and English literature. To entitle him to an un- 
limited state certificate they shall be satisfied and report that 
he possesses the requisite scholarship in all the branches above 
named and in such others as shall have been prescribed. He 
shall furnish to the examiners such evidence of good moral 
character, experience and success in teaching as they may re- 
quire, and upon their recommendation the state superintendent 
shall issue to him such certificate as is awarded by their report. 



'~ ' CERTIFICATES AND EXAMINATIONS. 65 

A limited state certificate shall qualify liim to teacli in any 
public school without further examination for five years from its 
date, unless sooner annulled, and an unlimited state certificate 
until annulled. 

Eecord of examination. Sectiok" 4-56. The state superintend- 
ent shall record the date of each certificate and the name, age 
and residence of the person to wt-om issued; and he shall pre- 
sence on file in his office all papers relating to the examination 
of applicants for state certificates. 

Revocation of certificate. Section 457. Any state certifi- 
cate may he revoked by the state superintendent for incompe- 
tency or immoral conduct; but before any such revocation the 
holder shall be served with a TVT-itten statement of the charges 
against b-im and shall have an opportunity for defense. 

Compensation of examiners. Section 458. There shall be 
paid out of the state treasury to each examiner appointed as 
aforesaid five dollars per day for all time actually and neces- 
sarily spent in going to, holding and returning from any such 
examination, and all his actual and necessary expenses therein, 
to be fixed and certified by the state superintendent. 

Certificates are granted on examinations conducted by oral and writ- 
ten questions, and upon the filing of evidence of moral character and 
of successful teaching. Stationery is furnished free and no fee is 
charged for certificates. 

LIMITED CERTIFICATES. 

The requirements for these certificates are that each candidate should 
pass a satisfactory examination on all the branches required for a 
first grade certificate (see section 450, as amended by section 1, chap- 
ter 439, laws of 1901), and in addition on mental philosophy and Eng- 
lish literature. Satisfactory evidence of good moral character and of 
success in teaching for at least twelve months is also required. 

Candidates are allowed to write at three successive sessions of the 
board of examiners, to complete the work. 

UNLIMITED CERTIFICATES. 

In addition to the examination provided for limited certificates, can- 
didates for unlimited certificates must pass a satisfactory examination 
in botany, political economy, history of education, zoology, general 
history, and in geology, or chemistry, or astronomy, as the applicant 
may choose. Latin may be substituted for the critical study of Eng- 
lish literature. They must also furnish evidence of good moral char- 
acter and of having taught successfully at least twenty-four months. 

City superintendents are frequently authorized by charters to exam- 
ine and issue certificates to all teachers employed in the city. If 
5 



QQ SCHOOL LAWS OF WISCONSIN. 

elected to tlie principalship of schools the city superintendent may find 
it difficult to qualify under other statutes. Section 454 authorizes the 
state superintendent to examine and issue a certificate without con- 
vening the board of examiners. Principals should apply for direction 
before entering upon service. 

Foreign certificates, countersigning. Section 458a. The 
teaclier's certificate granted by another state whicli is fully and 
fairly equivalent to the unlimited state certificate may be coun- 
tersigned by the state superintendent upon the recommenda- 
tion of the board of examin'ers. The holder of such certificate 
shall furnish evidence of learning, good moral character, ex- 
jDerience and success in teaching such as is required by the un- 
limited state cea-tificate. 

Diplomas of university and normal schools. Section 458&. 
The state superintendent is hereby authorized to countersign' 
diplomas granted upon the completion of a regular collegiate 
course of the university of Wisconsin or upon the completion 
of the full course of any Wisconsin state normal school. 'No 
diploma shall be countersigned except the holder thereof fur- 
nish e^tddence satisfactory to the state superintendent of good 
moral character and one year's successful teaching in a public 
school. The certificate granted upon the completion of the ele- 
mentary course of any Wisconsin state noraial school may be 
countersigned by the state superintendent, and it shall have 
thereupon the force and effect of a limited state certificate; but 
no such certificate shall be countersigned unless satisfactory evi- 
dence of good moral character and successful experience in 
teaching a public school for eight months after the date of its 
issuance be furnished to the state superintendent. JSTeither a 
limited state .ceirtificate nor a certificate from the elementary 
course of a noriual school shall qualify the holder as principal 
of a free high school having a four years' course of study. 

Diplomas — State certificates. Section 458c. (As amended 
by chapter 237, laws of 1899.) The holder of a diploma 
granted by any incorporated college or university whose 
regTilar collegiate courses are fully and fairly equivalent 
to corresponding courses of the ITniversity of Wisconsin, 
or the holder of a diploma granted by a state normal 
school whose courses of study are fully and fairly equiv- 
alent to the courses of study in the Wisconsin normal schools, 
may ]:)resent such di]iloma, together with evidence of the 
required standing of the college, univex^sity or normal school 



CERTIFICATES AND EXAMINATIONS. 57 

granting the same, to the board of examiners. The applicant 
shall furnish therewith testimonials of good moral character, 
and, if a holder of a diploma granted by any such college or uni- 
versity located within this state, of one year's successful teaching 
in a public school after the date of said diploma ; if a holder of 
a diploma gi'anted by any such college, university or normal 
school not located within the state, the applicant shall furnisli 
thei'ewith like testimonials of good moral character, and of 
two years' successful teaching in a public school after the date 
of said diploma. The holder of any such diploma recom- 
mended favorably by the board shall be entitled to receive an 
unlimited state certificate. The holder of a diploma granted 
upon the completion of a course of study accredited as herein 
provided, upon '\\diich a &tate certificate has not been issued, 
upon the recommendation of the board of examiners made in 
pursuance of such examination as to learning, moral character 
and ability to teach as said board may require, may be given 
a special license by the state superintendent to teach for two 
years in a public school. 

Effect of countersig-ning". Sectiok -l-SSd. Diplomas and 
life certificates provided for in sections 458a and 4586,, when 
so eountereigned, shall have the force and effect given by law 
to the unlimited state certificate. 

Eevocation of state certificate, etc. Section 458e. Any 
state certificate or license, or tl.'? equivalent of them, may be 
revoked by the state superintendent for incompetency or im- 
moral conduct; but before any such revocation the holder shall 
be served with a written statement of the charges against him 
and shall have an opportunity for defense. 

Diploma of Milwaukee hig-h school. Section 458/". The 
state superintendent, after such examination as to moral char- 
acter, learning and ability to teach as to him may seem proper 
and reasonable, may countersign the diploma of any graduate 
of the Milwaukee high school and the normal department there- 
of, received from the scho'ol board of Milwaukee, wh'o has 
taught successfully in a public school in this state for five years, 
and the diploina of such graduate, so countersigned, shall be 
evidence of his qualifications to teach in any common school 
iand have tl^c force and effect of an unlimited state certificate. 



gg SCHOOL LAWS OF WISCONSIN. ; ' 

Kindergarten diploma. Sectioi^ 458^/. A diploma granted 
bj the board of regents of normal schools to any person who 
completes the kindergarten training conrse established by said 
board in any of the state normal schools shall be regarded as 
a certificate legally qualifying the holder thereof to teach for 
one year in any kindergarten forming a part of the public 
school system; and the state superintendent may, after such ex- 
amination as to moral character, learning and ability to teach 
as to him may seem proper, countersign such diploma if, since 
receiving it, the holder has taught in a public kindergarten 
in this state one year, and thereafter such countersigned diplo- 
ma shall qualify to so teach until the same shall be annulled. 

Legal qualifications of kindergarten teachers. (Chapter 347, 
laws of 1901.) Section 1. The holder of a diploma granted 
by any incorporated kindergarten training school whose course 
of instruction is fully ar ^ fairly equivalent to the course of in- 
struction in kindergarten training prescribed by the board of re- 
gents of normal schools in any of the state normal schools, may 
present such diploma, together with evidence of the required 
standing of the kindergarten training school issuing such diplo- 
ma, to the state board of examiners. The applicant shall furnish 
therewith testimonials of good moral character and of two years' 
successful teaching in a kindergarten in Wisconsin after the date 
of such diploma. The holder of any such diploma recommended 
favorably by the board shall be entitled to receive' a certificate is- 
sued by the state superintendent, qualifying the holder to teach 
in any public kindergarten in the state until the same shall 
be annulled. The holder of a diploma granted upon the com- 
pletion of a course of study accredited as herein provided, upon 
which a state certificate has not been issued, upon the 
recommendation of the board of examiners made in pursuance 
of such examination as to learning, moral character and ability 
to teach as said board may require, may be given a special li- 
cense by the state superintendent to teach for two years in any 
public kindergarten in the state. 

Section 2. An unlimited state certificate qualifying the 
holder to teach in any public kindergarten in the state until 
annulled, shall be issued by the state superintendent to any 
person recommended for such certificate by the state board of 
examiners, after such examination as shall satisfy the examin- 
ers th'at the applicant possesses the requisite scholarship in all 
the branches prescribed in the course of instruction for kinder- 



CERTIFICATES AND EXAMINATIONS. 69 

garten training by the board of regents of normal schools for 
any of the state normal schools; provided, further, that the ap- 
plicant shall furnish to the examiners such evidence of good 
moral character, experience, and success in teaching as they 
may require. 

Section" 3. In addition to the foregoing there are hereby 
established three grades of certificates for kindergarten teach- 
ers, to be known as first, second, iliird. Every applicant for 
a kindergarten certificate shall be examined in the subjects 
hereinafter mentioned for the several grades respectively, as 
follows: For the third grade in orthoepy, orthogi-apty, read- 
ing, writing, arithmetic, English grammar, physiology and hy- 
giene with special reference to the physiology and hygiene of 
childhood, drawing, music, juvenile literature, and theory and 
art of kindergarten teaching. For the second grade, in all the 
foregoing, and also in general literature and the elements of 
botany. For the first grade, in all the foregoing, and also in 
the history of education as related to the development of the 
kindergarten, and in the elements of zoology. If found qual- 
ified, the applicant shall receive the certificate of appropriate 
grade. The third grade certificate shall entitle the holder to 
teach in any kindergarten for such period not more than one 
year, as may be specified therein, in any town or city in the 
superintendent district in which the applicant is examined, ex- 
cept that it may be limited by the county or city superintend- 
ent to one town or school therein. A second grade certificate 
shall entitle the holder to teach in any kindergarten in any 
town or city in such superintendent district, and be in force 
for two years from its date. A first grade certificate shall 
entitle the holder to teach in any kindergarten in any town 
or city in such superintendent district, and be in force for four 
years from its date; but the county or city superintendent may 
limit the same to one year and remove the limitations upon satis- 
factory evidence that the holder has successfully taught in a pub- 
lic kindergarten in this state for at least six months. If a per- 
son pass a satisfactory examination by any county or city su- 
perintendent and obtain a certificate of eitl'er grade, and pro- 
pose to teach in another superintendent district, it shall be law- 
ful for the superintendent holding the papers written at the 
examination for such certificate, upon the request of any 
county or city superintendent, to transfer such papers to him, 
and if found satisfactory, a certificate thereon, of the proper 
grade, to be coterminous with the original certificate, may be is- 



'70 SCHOOL LAWS OF WISCONSIN. 

sued by liini, to tlie same effect as tlioiigli lie had examined tlie 
applicant himself. 

Section 4. After July 1, 1902, no person shall be deemed 
a legally qualified kindergarten teacb-er in the state of Wiscon- 
sin who does not hold a certificate granted by the proper officer 
under the provisions of this act; provided, that nothing herein 
shall operate to invalidate kindergarten certificates issued un- 
der the authority of the board of education of any city prior 
to the passage of this act; nor to affect the validity of kinder- 
garten certificates issued nnder the provisions of section 458g 
of statutes, and provided furtlier, that the provisions of this act 
shall not apply to cities of the first class. 

Certificates to graduates of the state university and normal 
schools. Section 458/^, (as amended by chapter 171, laws of 
1901). A diploma granted upon the completion of a regular 
collegiate course of the University of Wisconsin, if accompa- 
nied with a certificate that the bearer l^as completed the course 
of pedagogical instruction prescribed by the university for all 
persons wdio intend to teach or a diploma granted npon the com- 
pletion of the full course of any state normal scliool in this state 
upon presentation to the state superintendent shall entitle tb-e 
holder to receive from that officer a certificate which shall au- 
thorize him to teach in any public school for one year. Thf 
holder of a certificate granted upon the completion of the ele- 
mentary course of any Wisconsin state normal school, not coun- 
tersigned by the ytate superintendent, may present such certifi- 
cate to the state supeiintendent and thereupon receive a cer- 
tificate which shall be a license to teach in any public school 
for the period of one year in whicl- such elementary certificate 
would anthorize the holder to teach, "if countersigned by the 
state superintendent. The state superintendent is hereby au- 
thorized and directed to issue the certificates herein provided 
for, and when issued the same shall have the force and effect 
of a legal license to teach in the public schools, required to be 
obtained before entering into contract as a teacher with any 
school officer. 

Qualifications of teachers. Section 1. (Chapter 120, laws 
of 1899.) After the first day of July, 1900, graduates of col- 
leges and universities, in order that their diplomas may become 
an authorization to teach in the public schools of this state, 
a& now provided by law, must present with them to the state 



CERTIFICATES AND EXAMINATIONS. ^\_ 

suj)erintencleiit of ' public instruction satisfactory evidence of 
having given to psychology and pedagogy at least as much 
study as is required, in this state, of candidates for a life, cer- 
tificate. 

The circular relating to examinations will give some idea as to what 
thia requirement is. 

The above sections and chapters cover points relating to the coun- 
tersignature of diplomas and state certificates and the issuance of li- 
censes and certificates by the state superintendent. The testimonials 
sent must be originals, not copies, and the statements made in regard 
to mora,l character must be clear and specific. In securing evidence 
of the moral character and success in teaching necessary before di- 
plomas from normal schools and state universities can be counter- 
signed the following information must be given: 

Name and address of the superintendents under whom you have 
taught months: 

Name and address of the principal under whom you last taught, if 
you taught in a graded school or as an assistant in a high school; 
grade of work: 

Names and addresses of two members of the school board by whom 
you were employed when you last taught: 

If during your months' teaching you have been employed by 

more than one board, give the names and addresses of two members 
of each of two boards: 

Name of any other well known school man who has personal knowl- 
edge of your work in the class-room: 

From what school do you hold a diploma? 

From what course ? 

Date of diploma 

Have you passed an examination for a state certificate? 

If so, when ? .' 

Where? 

If you hold a diploma, or a state certificate from another state upon 
which document you apply for a state certificate in Wisconsin, forward 
the document so held to the state superintendent, if he has not already 
received il. 

Your name 

Address 

Date 

This information must be mailed to the state superintendent. Blanks 
prepared for giving this information will be promptly mailed to any one 
wishing to make application for countersignature of his diploma or 
recognition of his certificate. The state superintendent will communi- 
cate at once with the parties named and receive their estimates of the 
work and character of the applicant. 

School month; attendance on institute. Section 459. Twenty 
days of teaching sl>al] constitute a school month unless it be 
othenvise specified in the contract, and all legal holidays occur- 
ring on school days shall be counted although no school be 
taught ; but school taught on legal holidays shall not be counted 
for two school days, and no Saturdays shall be counted. The 



72 SCHOOL LAWS OF WISCONSIN. 

board may give to any teaclier employed, without deduction 
from his wages therefor, the whole or any part of his time spent 
by him in attending the sessions of any institute held in the 
county embracing any part of the district, upon such teacher's 
furnishing to the clerk, to be filed by him, a certificate of reg- 
ular attendance on such institute, signed by the person conduct- 
ing the same. 

School boards and teachers should take notice that the teacher's 
month is always twenty days, unless otherwise specified in the con- 
tract; also, that no Saturdays, but all legal holidays occurring while 
school is in session are to be counted. 

The legal holidays are named in the comments on section 462, and 
whenever any legal holiday shall fall on Sunday, the succeeding Mon- 
day is a legal holiday. 

It is recommended that school boards exercise the power given In 
this section, and allow teachers to attend institutes without deducting 
the time. The certificate of attendance required by the law should be 
surrendered to the clerk before an order for wages is drawn. 

School register — Teacher's report. Section 460. The teacher 
shall enter in the register furnished by the clerk the names, 
ages and studies of all scholars attending school, and daily their 
attendance and absence and such other facts as +^\e county su- 
perintendent or state superintendent may require; which regis- 
ter the teacher shall deliver to the clerk at the close of his 
service or whenever it may be required for the use of the board. 
The teacher shall make in writing and transmit to the board 
or to tlie county superintendent a report concerning any mat- 
ter relating to his school in such form or manner as the board 
or superintendent may prescribe; and any teacher who shall 
wilfully neglect or refuse to make entries in the register as 
above required shall forfeit his wages for teaching during the 
time of such neglect or refusal. 

It is the duty of the clerk to furnish the teacher with a register 
(subdivision 5, of section 446), and to call attention to the penalties 
of wilful neglect or refusal to comply with this requirement. 

A form of school register is given in the appendix hereof (No. 25). 
Economy will be served if bound books be procured for registers. 
While registers are not supplied by the state superintendent, approved 
forms may be obtained of firms that deal in school supplies. 

The clerk should examine the register during the term to aid in 
securing that accuracy in the method of keeping it that will enable 
him to make a reliable report to the tov/n clerk, and he should require 
the teacher to return the register at the end of the term. The teacher 
should also fill out a condensed report at the end of each term and 
at the close of the school for the year. Such reports are easily fur- 
nished by the teacher and are helpful in securing accurate reports 
from school officers. 



THE COUNTY SUPERINTENDENT. ^3 



IV. -THE COUNTY SUPERINTENDENT. 



Eligibility. Section 102a. (As amended by Chap. 351, 
Laws of 1899.) 'No person shall be eligible to the office 
of county superintendent of schools who shall not, at the 
time of his election or appointment thereto, have taught in 
a public school in this state for a period of not less than eight 
months, and who shall not, at such time, hold a certificate en- 
•titling him to teach in any public school therein, or a county 
superintendent's certificate, issued by the state superintendent 
after examination by and upon the recommendation of the 
board of examiners for state certificates as provided by law ; 
provided, that the foregoing j)rovision shall not disqualify any 
person who held sucdi office in this states on or before the first 
day of May, one thousand eight hundred and ninety-five. 

See section 38, Wisconsin statutes of 1898. 

Any one of the following documents entitles its holder to teach in 
any public school in the state, and hence is the certificate required by 
the provisions of the law above quoted: 

1. The Unlimited Wisconsin State Certificate. 

2. The Limited Wisconsin State Certificate for five years from the 
date of the certificate. 

3. A diploma granted upon the completion of a regular collegiate 
course of the Wisconsin State University, or of a Wisconsin state nor- 
mal school, if countersigned by a Wisconsin state superintendent. 

4. An elementary certificate, granted upon the completion of the ele- 
mentary course of study of any one of the Wisconsin state normal 
schools for five years after the date of countersignature by a state 
superintendent. 

5. Any college or university diploma, bearing the countersignature 
of a Wisconsin state superintendent. 

6. A special license granted by a Wisconsin state superintendent, 
authorizing the holder to teach for one or two years in any public 
school in Wisconsin, as provided in sections 458c and 458h. 

7. A diploma granted upon the completion of the course of study of 
the Milwaukee high school and the normal department thereof, if 
countersigned by a Wisconsin state superintendent. 

8. A limrted state certificate or a first or second grade county cer- 
tificate countersigned by a Wisconsin state superintendent under the 
provisions of chapter 303, laws of 1882. (Chapter 303, laws of 1882, 
taa been repealed.) 



74 SCHOOL LAWS OP WISCONSIN. 

9. A state certificate granted by any other state, that has been coun- 
tersigned by a Wisconsin state superintendent. 

10. The county superintendent's certificate, issued by a Wisconsin 
state superintendent in accordance with section 4Glg. 

11. The certificate autliorized by section 45Sh, if in force at the time 
of nomination and election. 

Superintendent districts — Effect upon cities. Section 703. 
The county board of each county having over fifteen thousand 
inhabitants according to the census last j^receding division may 
divide sucli county into two superintendent districts, to be 
called superintendent district number one and superintend- 
ent district number two, by resolution, specifying thereii^ the 
'territory included in each and every such division, and every 
like division heretofore made shall remain in force until re- 
scinded by resolution of the county board. Unless so divided 
each county shall constitute a superintendent district; but ev- 
ery city having a board of education, a superintendent of 
schools (u- other board or officer vested with power to examine 
and license teachers and supervise and manage the schools 
therein, shall be exempt l/'om the provisions of this section and 
all provisions relating to county superintendents of schools, 
except so far as required to make reports to the county super- 
intendent of the district in wfich such city is situated; and the 
electors of such city shall have no voice in electing such county 
superintendent, and the supervisors from such city shall have 
no voice in the county board in detennining or providing the 
compensation or allowance of, or any matter relating to, such: 
county superintendent; nor shall. any tax be levied on such city 
to pay any part of such compensation or allowances. When 
any county shall be so divided the county board may assign 
the count}^ superintendent in office to either district, and the 
state superin'tendent shall appoint a county superintendent for 
the other district, to hold until his successor is elected and qual- 
ified according to law. The acceptance of the office of county 
supervisor by any comity superintendent of schools shall va- 
cate his office. 

Salary, expenses and bond. Section 704. The compensa- 
tion of county superin'tendents of schools shall be fixed by the 
county board, and shall be an annual salary or a per diem of 
not less than tl"ree nor more than five dollars. They may fix 
such annual salary or limit the entire annual amount of such 
per diem compensation at not less than five hundred nor more 



THE COUNTY SUPERINTENDENT. ^5 

tlian eiglit hundred dollars in districts coii'taining more tlian 
live thousand and less than ten thousand inhabitants, and not 
less than eight hundred nor more than fifteen hundred dollars 
in districts containing more than 'ten thousand inhabitants; and 
in estimating such population the cities mentioned in tl:'3 next 
preceding section shall be excluded. Each superintendent 
terviug f(»r a \nn- diem shall present to the county clerk, quar- 
•Teily, befou' recti \'ing the compensation due him, a sworn sitate- 
mcnt showing the number of days actually and necessarily 
spent by him in the discharge of his duties during the preced- 
ing quarter, and no compensation shall be allowed except for 
days thus specified. The county board shall allow for station- 
eiy, postage and printing such amount as the county superin- 
'{endent shall certify to be actually necessary, not exceeding 
one hundred dollars in districts containing less than live thou- 
sand inL-abitants, and not exceeding two hundred dollars in dis- 
tricts containing more than five thousand. The limitations of 
this section shall not apply 'to counties for which different limi- 
tations have been made by special acts. Each county board 
may allow such superintendent such sum, in addition to his 
compensation, as he shall certify he has actually expended in 
defraying his necessary traveling expenses while engaged in the 
pei'formance of the duties of his office; pro\dded, tt-a't no more' 
than two hundred dollars shall be appropriated for such ex- 
penses in any one year to each sirperintendent. The accounts 
for such expenses may be audited at the annual meeting of the 
board. Each superintendent shall be reimbursed his actual 
necessary expenses incurred in traveling from his residence to 
the place of holding the nearest or most accessible convention 
of county superintendents called by the, state superintendent, 
the expense of his board and lodging during the 'time he aci- 
ually attended such convention and his expenses in returning 
from the same to his residence. The bill for such expenses 
shall be audited by the county board upon the presentation 
thereof vith the certifica'te of the state superintendent attached 
sh'owing the county superintendent's attendance on such con- 
vention for the time specified in the bill; not more than one 
such account shall be paid for any one superintendent in each 
year. Each county superintendent shall give a bond, with such 
sureties as the county board may approve, for the proper per- 
formance of his duties under the law providing for a county 
teachers' institute fund, which bond shall secure the payment 



76 SCHOOL LAWS OF WISCONSIN. 

of not leSiS than twice the sum of money which the board may 
estimate will come to his hands in pursuance thereof. 

This secrion places the matter of allowing the traveling expenses 
of the couunty superintendent to the amount of two hundred dollars, 
per annum, at the discretion of the county board of supei'visors, but 
chapter 52, laws of 1901, states that "such expenses shall be audited 
and allowed by the county board at its annual meeting in November." 

His duties. Section 461. It shall be the duty of every 
county superintendent: 

1. To examine and license teachers in his district and to an- 
nul certificates as provided by law. 

The purpose of teachers' examinations is to ascertain the attain- 
ments of applicants in the branches set forth in the law, and their 
ability to instruct. Character and conduct are important factors in 
a teacher's equipment, and so the law restrains superintendents from 
granting certificates to persons known to them to be immoi'al. A 
formal examination into the moral character of applicants seems to 
be impracticable, but superintendents should be no less alert to save 
pupils from the contamination that would result from licensing un- 
principled persons. Applicants that are unknown to the examiner 
should be required to furnish satisfactory evidence that their conduct 
is above reproach. The law wisely forbids the use of religious tests, 
but that sound morality that constitutes the recognized rules of life 
among right thinking people is not sectarian. 

Comment upon certificates may be found under section 450, as 
amended by chapter 439, laws of 1901. 

The law sets forth the branches in which applicants must be exam- 
ined, and the different certificates which superintendents are author- 
ized to grant. The method of examination is by written and oral 
questions. In the preparation of questions care should be observed 
that they are made to involve principles rather than facts, and they 
should be so framed as to test the applicant's ability to develop a sub- 
ject by correct methods, and to secure to pupils the disciplinary value 
of the study. They should be suflTicient in number to constitute an 
adequate test. 

Superintendents should discriminate betvi^een the standard of at- 
tainments in branches of study and the standing in these branches. 
The standard is the examiner's judgment as to the ability and schol- 
arship requisite to a teacher. Standing is the applicant's attainments 
in the several branches as indicated by the examination. 

Care in the formation of the standard required will aid in determin- 
ing the plan of examination and the questions to be submitted. The 
sole purpose of examinations is to test the ability and attainments of 
applicants as measured by a required standard, and hence some stand- 
ard is a pre-requisite to intelligent work in examinations. If the ex- 
aminer prefers not to know whose papers he examines, he may give 
each cand'idate a number to be placed upon liis paper instead of his 
name. The preliminary paper, prepared by the candidate, should show 
his number, which will afford a means of identifying his papers after 
they have been examined and the results determined. Whichever 
method is adopted, the examiner will not be relieved from the duty 
of justifying his markings when called upon to do so. 



THE COUNTY SUPERINTENDENT. ^7 

In conducting the oral examination, the examiner should carefully 
note pronunciation, choice of words, facility of illustration, and man- 
ner of address, with a view to the formation of relatively j\ist judg- 
ments. Tlie oral examination affords an excellent test of a person's 
ability to impart instruction. All applicants deserving certificates 
should speak the English language readily and correctly. 

The law does not require the attainment of any age as essential for 
a certificate. The question for the examiner to determine is one of 
capacity and fitness to perform the duties and to meet the responsibili- 
ties of a school teacher. These demand a maturity of judgment and a 
soundness of discretion not found in boys and girls. 

All papers written at examinations should be preserved by the su- 
perintendent during the life of the certificate issued thereon. A con- 
veniently arranged permanent record of all examinations should be 
kept, which should embrace the names and addresses of applicants, 
their standings and the grade of certificates granted to each, with the 
date of its expiration. See section 450b as amended by chapter 439, 
laws of 1901. 

The examiner should make all arrangements necessary to the proper 
conduct of the examination suflaciently early to begin woi"k at the 
hour appointed in the public notice. Applicants should be required to 
conform to such regulations as will facilitate the work of the exami- 
nation and make it a true test of their qualifications. Every precau- 
tion should be taken to preclude resort to unfair means. 

2. To visit and examine each district and all the schools in 
his district at least once in each year and as much oftener as 
may be necessary; to inquire into all matters relating to the 
management, course of study, mode of instruction, text-books 
and discipline of such schools and the condition of the school- 
house, sites and outbuildings and appendages and of the district 
generally; to advise with and counsel the district boards in re- 
lation to their duties, and particularly in relation to the con- 
struction, warming and ventilation of school-houses and the im- 
proving and adorning of the school grounds, and to recommend 
to the school ofScers and teachers the proper studies, discipline 
and management of schools. 

The object of the superintendent's visits is set forth with sufficient 
clearness in the law. It remains for him to make his visits helpful 
to the schools. A formal call of a fev/ minutes' duration can serve 
no beneficial purpose, and should not be considered a sufficient perform- 
ance of the superintendent's duty in this regard. 

The superintendent should keep a record of his observations. The 
information thus obtained should serve as an aid in passing judgment 
upon the qualifications of teachers, and should also form the basis of 
association work. Without it the superintendent must necessarily be 
a stranger to the needs of his schools, and will not be able to advise 
school boards wisely, or to direct the work of teachers intelligently. 

3. To direct, after proper examination, the district board to 
make any alteration and repairs which shall, in his opinion, 



78 SCHOOL LAWS OF WISCONSIN. 

be necessary to the health, comfort and progress of the pupils, 
and to abate any nuisance in or upon the premises, provided 
the same can be done at an expense not exceeding twenty-five 
dollars. 

4. To make an order in concurrence -with the cl 'airman of 
the town board in which any school-house is situated which they 
shall deem unfit for school j^urposes and not worth repairing, 
declaring such fact and reciting the reason therefor. They 
shall deliver such order to the clerk of the district and trans- 
mit forthwith a copy thereof to the clerk of the town and also 
to the state superintendent. Such order shall take effect from 
its date unless within thirty days after it is delivered to the 
district clerk the same shall be revei"sed by th-e state superin- 
tendent for cause shown ; and from the time said order sliall 
take effect the district shall not share in any apportionment of 
the school fund income for any school kept in any building so 
declared to be unfit for school purposes. 

5. To report annually to the board of supervisors of his coun- 
ty the conditioai of the schools under his supervision. 

6. To receive from the town, city or village clerk tl>e ab- 
stracts of the reports of the district clerks required to be made 
by law and to transmit the same to the -state superintendent; 
and before the first day of May ii^ each year to transmit to the 
state supei'intendent the name and postoffice address of each 
town clerk in his district, and from time to time such other 
facts relating to education in his district as_ the state superin- 
tendent shall require. 

1. To organize and conduct at least one institute for the in- 
struction of teachers in each year, and to advise in all questions 
arising under the operations of ithe school laws in his district. 

It is made the duty of the superintendent to hold an institute each 
year. Careful preparation should be made for its accommodation. A 
well ventilated and properly warmed room, furnished with blackboards 
and a sufficient number of seats to accommodate all that attend, is 
indispensable. In the selection of the place for holding an institute, 
care should be exercised to choose a place in which a proper building 
can be secured, and ample accommodations obtained for the entertain- 
ment of teachers. 

Notice of the institute should suggest the necessity of bringing sta- 
tionery, manuals and text-books. The superintendent should strive to 
secure prompt and regular attendance, and to maintain such order and 
attention as will render the institute a model in methods of recitation, 
instruction and amangement. The superintendent should correspond 
with the conductor appointed to assist him in reference to a suitable 
program. The suggestions which he may make to the conductor should 
spring from his knowledge of the needs of his teachers as shown by 



THE COUNTY SUPERINTENDENT. Y9 

his examinations and school visitation. The program should be pub- 
lished with the notice and should be followed in the actual T^^ork of 
the institute. See sections 407, 408 and 461f. 

8. (As amended by Chap. 290, Laws of 1901.) To divide 
his district into examination districts bounded by town lines and 
containing- not more than four towns each when the nnmber of 
schools in his district, inclndine; graded schools, shall exceed one 
hundred and fifty ; but to form not less than four examination 
districts if the number of schools is less than one hundred and 
fifty ; not less than three if the number is less than one hundred : 
to hold in each examination district in each year, at least one 
meeting for the examination of teachers, and at least three 
others at inteiwals of three months, at the county seat or some 
convenient and central place in the county, two of which shall 
be in first and second grade branches; provided, the county 
superintendent, by and with the advice and consent of the state 
superintendent, may modify the number and boundaries of 
the examination districts, the number of examinations in first 
and second grade branches, and may fix the times and places 
for holding the examinations for second and first grade certifi- 
cates; to furnish each district clerk in the same a written notice 
of each meeting, to be posted by him in some conspicuous 
place in the district.. Such notice shall contain the names of 
the tO'^^TQS embraced in the examination district to which it re- 
lates, and the time, place and objects of the meeting. The 
examination of the teachers shall be uniform in the superin- 
tendent district, shall be pulfiic and shall be conducted by 
oral and written questions and answers. Whenever for any 
cause satisfactory to the county superintendent any person de- 
siring a certificate as a teacher shall be unable to attend upon 
such examinations he may be examined at any time fixed by 
him, and if found qualified by law to teach may receive a cer- 
tificate of the proper grade, which shall remain in force until 
the next regular examination in such inspection district. 

Deputy county superintendent. (Chapter 321, Laws of 1901.) 
Sectiok 1. The county superintendent of schools of any 
county or superintendent district may, by and with the consent 
of the county board, appoint a deputy, provided he has under 
his jurisdiction not less than one hundred schools. Such depu- 
ty shall at the time of his a]>pointment hold at least a first 
grade county certificate and shall have taught in the public 
schools of the state for a period of not less tban eight months. 



80 SCHOOL LAWS OP WISCONSIN. ' 

ISTotice of snch appointment shall be filed witli tlie county 
clerk, and the county board of supervisors at any regular or at 
any special meeting may appropriate an annual salary of not 
more than six hundred dollars for services rendered by such dep- 
uty, under the direction of the county superintendent of 
schools. The deputy shall under the direction of the county 
superintendent be authorized to perform all the duties now re- 
quired of the county superintendent, except the certification 
of teachers. The deputy shall be subject to removal by the 
county superintendent, notice of such removal to be filed in the 
office of the county clerk. 

Uniformity in examinations does not mean that the same questions 
shall be submitted to each applicant; but that throughout the superin- 
tendent's district the tests employed shall be as nearly uniform in 
scope and thoroughness as practicable. 

Although the certificates granted upon special examinations are of 
short duration, yet they should be based on tests as thorough as those 
required in public examinations. Private examinations are avoided by 
some superintendents by appointing a supplementary examination late 
in the season. Good judgment will be required to avoid submitting 
questions that are so difficult as to exclude competent, or so slight as 
to admit incompetent persons. 

Attendance on convention. Section 461a. The county pu- 
perintendent shall attend annually at least one convention of 
county superintendents called and held by the state superin- 
tendent for the purpose of consultation, advice and instruction 
upon matters pertaining to supervision and management of 
public schools. His necessary actual expenses for traveling 
from his residence to the place of holding the nearest and most 
accessible convention and returning thereto and for board and 
lodging while in actual attendance thereon shall be paid by the 
county, and bills for such expenses shall be audited and allowed 
by the several county boards upon the presentation of the same 
with the certificate of the state superintendent attached thereto 
showing that the claimant attended such convention for the 
number of days specified in the bill; provided, not more than 
one such account shall be paid in each year. 

Not to teacli, etc. Sectiok" 4616. ISTo county superintendent 
of schools, except in counties where his salary is less than eiglt 
hundred dollars, shall engage in teaching during the term for 
which he was elected nor engage in any profession or occupa- 
tion, nor shall he absent himself from the county or district 
for which he is elected to engage in any occupation, profession 



' •■ THE COUNTY SUPERINTENDENT. §1 

or piu'siiit during the term for whicli lie is eleoted for sucli time 
or in sncli manner as to interfere with the proper discharge of 
his duties as such. A violation of any of the j)rovisions of this 
section shall subject the offender to removal from office. 

Residence and office. Section 461c. When a county seat is 
located in an independent city having a separate superin'tendent 
of schools or a county shall be divided into two superintend- 
ent districts, the county superintendent may reside in such 
county seat and keep an office in the public building or other 
place provided therefor by the county. 

Traveling^ expenses. SECTioisr 461cZ (as amended by Chap. 
52, Laws of 1901.) The county board shall allow the county 
suDerintendent such sum over and above liis salary as he shall 
certify he has actually expended in traveling expenses in the 
discharge of his official duties, not exceeding two hundred dol- 
lars in any one year; and such expenses shall be audited and 
allowed by the county board at its annual meeting in ISTovem- 
ber. In a county where there is more than one superintend- 
ent district the vote of the members of the board representing 
each such district shall be taken separately. Any sum of 
money so voted and allowed to any 'snch superintendent shall 
be charged and assessed against and upon the district for whose 
superintendent the same is appropriated. 

Examination fee, etc. Section 46 le. Any applicant pre- 
senting himself for examination by any county superintendent 
for a certificate entitling him to teach in the district of such 
superintendent, any person making application to the county 
supei-intendent for a certificate based upon papers written in 
an examination held in another superintendent's district under 
section 450, and any graduate of a high school making applica- 
tion to such superintendent for the countersigning of his cer- 
tificate or diploma under section 453a shall, before such exam- 
ination is entered upon or before the issuance of such certificate 
or such countersigning, pay to such superintendent an exami- 
nation fee of one dollar. 

ITse of fund. Section 461f. All moneys paid to the county 
superintendent under the preceding section shall constitute 
an institute fund and be used under the direction of the countv 
6 



g2 SCHOOL LAWS OF "WISCONSIN. . 

superintendent in defraying tlie necessary expenses of conduct- 
ing annually one or more teacliers' institutes for the instruction 
in tlie theory and art of teaching in the branches taught in the 
common schools, of the teachers in his district and in compen- 
sation for lectures at such institutes by others than the con- 
ductors and county superintendent. 

Superintendent's report. Section 46 Ig. The county super- 
intendent shall annually make and file with the county clerk 
a statement, verified by his afiidavit, giving the names of all 
persons examined by him since the beginning of his term or 
since the date of his last statement, together mtt' the dates 
when such persons were examined. He shall also embody in 
such statement the names of all persons to whom certificates 
have been issued upon papers written in another superintend- 
ent's district and the dates when such certificates were issued, 
an-d also the names of all graduates of high schools whose di- 
plomas he has countersigned, together with the dates of coun- 
tersigning. At the expiration of his tenn of office he shall file 
with the county clerk a similar sworn statement, covering the 
time from the close of his last regular series of examinations 
to the close of his term, and sTaall embody in such statement 
a summaiy, giving the number of persons in each of the three 
■classes herein named and of all the persons so reported by him 
to the county clerk durin.o- his term of office, the amount of fe&s 
received by him during his term of office, the amount paid 
out by him and the amount remaining in his hands. He shall 
pay over to his successor in office all moneys thus remaining 
in his hands at the expiration of his term of office. 

Record of payments. Section 461/?-. All moneys collected 
by the county superintendent under the provisions of this sec- 
tion shall be paid out each year for the purposes specified in 
section 461/ and for no other purposes. Each payment shall 
be entered in a book kept by the county superintendent for 
that purpose, which shall be open to public inspection and be 
by him delivered to his successor in office, and shall be accom- 
panied by a statement of the name of the person to whom the 
payment is made and the character of the service rendered or 
material furnished. 

Institute instructors. Section 461^. ISTo money shall be 
paid for services rendered as an instructor in any institute to 



THE COUNTY SUPERINTENDENT. , §3 

any person unless he liolds a ceirtificate signed by tlie state sn- 
perintendent certifying that 'the conunittee on institutes of the 
board of regents of normal schools approves of said person as 
a competent institute instructor. 'Nor shall any person be em- 
ployed by any county superintendent as institute conductor 
or lecturer who is engaged in publishing text-books or dealing 
in school supplies, or who is an agent or employee of any indi- 
vidual or company thus engaged, or who is proprietor or man- 
ager of or in any way pecuniarily interested in any teachers' 
employment agency or bureau; nor shall the committee on 
teachers' institutes of the board of regents of normal schools 
approve of any sucli person for service in institutes provided 
for in section 461/"', nor shall any such person be employed as 
instructor or lecturer in any institute supported in whole or 
in part by the state. 

Superintendent's bond. Section 461;/. The county board 
shall require the county superintendent to give bonds with 
good and sufficient sureties for the proper performance of the 
duties prescribed by the four preceding sections, and in an 
amount which shall not be less than twice the amount likely to 
be collected and disbursed by him annually under this section. 

Superintendent's duty as to deaf and blind children. Section 
461 A". It shall be the duty of each county and city sujDerin- 
tendent of schools to send to the superintendent of the state 
school for the deaf at Delavan and to the superintendent of the 
state school for the blind at Janesville the address of parents 
"udth the name and age of each deaf or blind child known to 
be in his county or city, and to inform parents, guardians and 
custodians of deaf mutes and blind children in his county or 
city respecting the several schools for deaf mutes and the blind 
in the state and the conditions of admission to them; and for 
this purpose the superintendents of such institutions shall pro- 
vide each such superintendent with sufficient printed informa- 
tion and with the names and residences of all deaf mutes and 
blind children known to be in his county or city. And each 
such superintendent shall include in his annual report to the 
county board of supervisors or the city board of education a 
statement of the number of deaf mutes and of blind children 
of school age in such county or city then receiving an educa- 
tion, or the number of each not r'ecei^dng an education, and 



84 SCHOOL LAWS OF WISCONSIN. . ' ' 

of the number of personal visits lie lias made during the year 
upon the parents, guardians or custodians of such children to 
induce them to give such children a proper education. 

Examination for superintendent's certificates. SECTioisr 461?. 
The board of examiners for state certificates shall, at the time 
of holding the regular examinations provided for by law, ex- 
amine all applicants for the county superintendent's certificate 
herein provided for, upon the branches upon which examina- 
tion is now required for a first-grade county certificate, and 
also upon school law and the organization, management and 
supervision of district schools. Such board shall, in addition 
to the examination provided for by law, hold in the month 
of July in each year three such examinations simultaneously 
at three different points in the state, to be deitermined by the 
state superintendent, which shall be chosen with reference to 
the accommodation of applicants in different parts of the state. 
Each of the three examinations shall be held under the super- 
vision of a member of the board of examiners, but the scope 
and character of the examination shall be previously deter- 
mined by the board of examiners and the state superintend- 
ent. Printed questions shall be prepared on each subject upon 
which the applicant is required to be examined, and the board 
of examiners shall examine the papers written by applicants 
and file all papers so written in the office of the state superin- 
tendent. All persons passing such examination to the satisfac- 
tion of such board, and who shall furnish satisfactory testimo- 
nials of moral character to the board, shall, upon its recom- 
mendation, receive from the state superintendent the county 
superintendent's certificate, which, together with the eight 
months' experience in teaching in the public schools provided 
for in section 702a, shall constitute a legal qualification to hold 
the office of county superintendent of schools. It shall also 
legallv qualifv the holder to teach in any public school in the 
state for which a first-grade county certificate is a leral qualifi- 
cation. Such certificate shall remain in force until revoked 
by the state superintendent according to law. The provisions 
of law for payment of expenses and per diem of members of 
the board of examiners while conducting examinations for state 
certificates shall extend to the examinations herein provided 
for. 

The certificate provided for by this section, together with eight 
months' successful experience in teaching, constitutes a legal qualifi- 



THE COUNTY SUPEHINTENDENT. g5 

cation to hold the office of county superintendent. It also legally 
qualifies the holder to teach in any public school of the state for which 
a first grade county certificate is now a legal qualification, and remains 
in force during the life of the holder, unless sooner revoked by the 
state superintendent. See. comment under section 702a. 

An applicant for the county superintendent's certificate will be per- 
mitted to begin his examination at any regularly appointed meeting, 
but must complete it before the corresponding examination in the en- 
suing year. Within the time herein fixed, re-examination will not be 
required upon branches in which a satisfactory standing has been at- 
tained. 

Satisfactory written testimonials of moral character must be fur- 
nished to the examiners at the time of the first examination. 



8(3 SCHOOL LAWS OF WISCONSIN. 



V.-REPORTS. 



Report of district clerk. Sectiof 462. . It shall be the duty 
of the district clerk, between the tenth and fifteenth days of 
July in each year, to make and transmit to the town, city or 
village clerk a written report-, dated on the tenth day of July 
of such year, signed by him and verified by his affidavit, 
showing : 

First. The number, names and ages of children, male and 
female designated separately, over the age of four and under 
the age of twenty years residing in the district, and the names 
of their parents, guardians or other persons with whom such 
children resided, respectively, on the last day of June preced- 
ing. But no such children residing in, held or cared for at 
any charitable or penal institution of this state shall be included 
in such enumeration or report; and whenever the state super- 
intendent shall receive information that any such children 
have been enumerated in the school census of any school dis- 
trict included iu the reports made to him, on the basis of which 
apportionment of money from the school fund income is made, 
he may require from the district clerk or the secretary of the 
board of education of said district a verified statement of the 
whole number of children of school age residing in the district 
not excluded by the provisions of this section, in such form and 
manner as the said su|3erintendent may prescribe. Unless the 
certificate herein provided for shall be made no money shall 
be apportioned for the benefit of said school district. 

Second. The whole number of children, males and females 
designated separately, between the ages of four and twenty 
years taught in the district school during the year for which 
such report as made by teachers duly qualified. 

Third. The number attending school during the year under 
the age of four and the number over the age of twenty years. 

Fourth. The whole time, in days, any common school has 



iiEiFORTS. 87 

beeii tauglit in the district^ including liolidays, and tke' whole 
number oi days suck sckooi iias beien tauglit by teackers quaii- 
ked according to law, including kolidays, and tke days tke 
teackers may nave attended an institute auring tke year wkiie 
tke sckooi was in session for wkick no deduction m wages was 
made by tke district board. 

inftn. Ike names of all teackers employed during tke year, 
tke nmiiber of days tauglit by eacli, including koiidays, and 
tiie montliiy wages paid to eacli, and tke time allowed 
any teacker for attendance on any institute for wkick no wages 
were deducted. 

Sixtk. Tke amount of money received from tke town treas- 
urer during tke year, designating separately tke amount re- 
ceived from apportionment of tlie sckooi lund income, tke 
amount received from tax levied by county board of supervis- 
ors, tke amoimt received from tax voted by tke district, and 
tke amount received from all otker sources during tke year, 
and tke manner in wkick tke same kas been expended, skowing 
separately tke expenditure of sckooi money received from tke 
state. 

Seventk. Suck otker facts and statistics in relation to tke 
sckools, public or private, in suck district as tke state superin- 
tendent may from time to time require. Tke clerk of eack 
joint sckooi district skall report to tke town clerk of eack town 
a part of wkick is embraced in suck district tke number of 
ckildren residing in suck part in tke manner set fortk in tkis 
section, and tke remainder of tke items specified in tkis section 
skall be embraced in tke report made to tke town in wkick tke 
sckool-kouse is situated. He skall also repoi-t tke amount of tke 
indebtedness of tke district. 

Same subject. Section 4:62a. In addition to tke duties of 
tke clerks of tke several sckooi districts of tkis state relating 
to tke taking of tke census of tke sckooi ckildren as now pro- 
vided by law, tke said clerks skall also report tke names of tke 
ckildren in tkeir respective districts and tke age of eack of tkem 
oyer tke age of four and under tke age of twenty years. Suck 
clerks skall also report tke amount of tke indebtedness of tkeir 
respective districts. * 

Careful attention should be given to the provisions of this law. The 
annual report of the district clerk to the town clerk is of special im- 
portance, as it forms the basis upon which all public money is appor- 
tioned and also furnishes the information that guides the legislature 
in subsequent enactments. 



88 SCHOOL LAWS OF WISCONSIN. 

For the purpose of securing accurate and complete information, 
blanks are prepared by the state superintendent and are transmitted 
to district clerks through town clerks. Specific instructions are 
printed on tliese blanks to aid in collecting and reporting the required 
items. A thorough study of them should be made in connection with 
the provisions of this law prior to making the report. No effort should 
be spared to obtain and report every item for which the blanks pro- 
vide. 

The law requires the name and age of each child who has passed the 
fourth anniversary of his birthday, and has not reached the twen- 
tieth, to be reported; also the names of their parents, guardians or 
other persons with whom they resided on the last day of June pre- 
ceding. These are items that can be obtained with certainty only by 
a visit to each family in the district. The law requires the clerk to 
take the census in this manner. In the enumeration of children mere 
boarders or lodgers are not to be included; but persons who devote 
a part of their time to service to pay for their board and lodging while 
the rest is spent in attendance at school, and who have no other legal 
residence, are considered members of the families with which thej- 
reside. Children of school age v/ho may be employed for a limited 
time in one district and whose parents reside in another district are 
to be included in the census of the district in which their parents re- 
side. Care should be taken that the same children are not enumerated 
in two districts. (See comments on sections 428 and 430.) 

The clerk of a joint school district must report in the manner above 
stated the number of children of school age residing in each part of his 
district, to the town clerk of the town in which such part is situated. 
A partial report blank is furnished for this purpose. To avoid report- 
ing the same child to more than one town clerk, the census of each 
part of a -joint district should be taken upon a separate blank which, 
when completed, should be sent to the clerk of the town in which 
such part of the district lies. In no instance should the whole number 
of children in a joint school district be reported to any one of the 
town clerks to whom a report is made. 

Several items are reqviired for the annual report, which are to be 
obtained from the school register, among which are the number of 
children that have attended school during the year, the whole number 
of days school was taught by a legally qualified teacher, the whole num- 
ber of days of attendance of pupils at school, etc. To facilitate the 
work of making the annual report, clerks should see that the register 
is properly kept and the footings made at the close of the term. Section 
460 provides a remedy, a resort to which may be had in case the teacher 
refuses to perform his duty. 

The clerk's annual report must contain an exact summary of the 
financial report which section 444 requires the treasurer to make at 
the annual meeting. This report includes all items of receipts and 
all items of expenditures made during the year ending on the thirtieth 
day of June preceding. The proper test of its correctness consists in 
comparing the sum of the items of receipts with the sum of the items 
of expenditures. Their difference should equal the amount of money 
on hand on the date mentioned above. Unless this is true, the state- 
ment is wrong, and should be corrected before transferring it to the 
report blank. 

Reports should be in the hands of town clerks as early as the fif- 
teenth of July. Any failure to make the report within the tiipie speci- 
fied, results in great inconvenience to the officers through whose hands 
it must pass, and subjects the school district to the risk of forfeiture 



REPORTS. . 89 

of its claim to public money. When the failure to comply with the 
requirements of the law relating to the annual report is due to wilful 
neglect of the clerk, he becomes personally liable to the district for 
the loss suffered in consequence of his neglect. (See section 498.) 

To entitle a district to share in the apportionment of the school 
fund Income, it must be shown that at least seven months' school, of 
twenty days each, taught by a legally f-alified teacher, was maintained 
during the preceding year. Legal holidays are included. These are 
New Year's day, the twenty-second of February, the thirtieth of May, 
the fourth of July, the day of general (fall) election, Christmas day, 
and thanksgiving days appointed by national or state authorities. Sec- 
tion 2577, W. S., provides that whenever a legal holiday falls upon 
Sunday, the succeeding Monday is a legal holiday. When a legal holi- 
day occurs on Saturday or during vacation, it cannot be counted as a 
day taught. (See comment on section 459.) 

Town clerk's report. Section 463. Each town clerk shall, 
on or before the first day of August in each year, make and 
transmit to the county superintendent of the county or district 
in which his town is situated a report bearing date on the tenth 
day of said month, stating : 

1. The whole number of school districts separately set off 
within the town, and the number of parts of joint districts in 
which the school houses belonging thereto are located in his 
town. 

2. The districts and parts of districts from which reports 
shall have been made within the time limited for that purpose. 

3. The length of time a school shall have been taught in each 
such district or parts of districts. 

4. The amount of public money received in each. 

5. The number of children taught in each and the number 
of children over the age of four and under the age of twenty 
years residing in each. 

6. The whole amount of money received in the 'town for 
school purposes since the date of the last preceding report, set- 
ting forth separately the amount received from the state 
through the county treasurer, the amount levied by the county 
board, the amount raised by the town at its annual meeting 
in towns where the township system of school government has 
been adopted. 

7. The amount of money raised by district tax for school 
purposes. 

8. The manner in which said moneys have been expended 
and whether any and what part remains unexpended, vidth such 
other information as the state superintendent may require and 
as may be reported to him by the district clerks. 

Blank reports, prepared by the state superintendent, are annually 



90 SCHOOL LAWS OF WISCONSIN. 

sent to town clerks. Such instructions as are needed always accom* 
pciny tne Dianks. 

xn. Lovvutt wmcii have adopted the "township system of school gov- 
ern xneiiL/' tne report requiieu in tne loregomg becuon will ue nxciue 
uy ine ■"secietary or tne town uoara oi scuooi airecturs, at; proviued 
m section boi oi the Wisconsin statutes, upon tne same uianKs as are 
useu uy town cieriva in oi,ner towns." 

Superintendent's report. Section 464. Each, county super- 
iiitenaeut siiaii, on or belore tlie tilteentJi clay ol August m eacli 
year, make ana transmit to tlie state superintendent a report 
m writmg, settmg fortlx tlie whole nmnber of towns in his dis- 
trict, distinguishing those from which the required reports have 
been made 'lo tnm by the town clerks, and containing an ab- 
stract of their reports, and also embracing an abstract of the 
iinnual rejjort of tne secretary of each free high school in sucb 
district and of each secretary of town board oi school directors 
of towns having the township system of school government, 
and of the clerii of each incorporated village and city under 
his supervision. Jiach county superintendent shall also, withm 
the time above mentioned, make and deliver to the county 
cierk and to the county treasurer a written statement of the 
whole number of children in each town, village and city under 
his supervision over the age of four and under the age of 
twenty years returned from the districts which have maintained 
schools for six [seven] or more months during the past year 
as appears from the reports of town clerks. 

The county superintendent must now make his annual report by 
August 15. All necessary instructions accompany the bianiis annually 
furnished to county superintendents from the omce of the state super- 
intendent. The greatest care should be exercised in making the an- 
nual report required by section 464, for it is upon this that the annual 
apportionment is made. 

Reports from cities and villages. Section 465. The clerk of 
each city and village or the clerk of the board of education of 
each city and village under the jurisdiction of the county 
superintendent shall, within the time prescribed, make and 
transmit to him the reports required by section 463; and in 
all cities having a superintendent of schools and which are not 
under the jurisdietion of a county superintendent, such super- 
intendent of schools shall make the annual report required by 
said section directly to the state superintendent; and in such 
cities having no superintendent of schools such report shall be 
made by the clerk of the board of education thereof. 

Ttie clerks of cities (under county superintendents) and of villages 



' IiepOrts. ^1 

use the same blanks as town clerks, and receive the reports of the 
district clerk or clerks. 

Blanks and amendments to laws. Section 466. The state 
superintendent shall, on or before the first day of June in each 
year, furnish to eacli clerk, supeTintendent or other officer by 
whom a report should be made, blank forms upon which such 
officers shall make their annual reports; and whenever any 
amendments shall be made to the provisions of this chapter he 
shall furnish a copy of such amendments to every school district 
in the state. 



92 SCHOOL LAWS OF WISCONSIN. 



YI -DUTIES OF TOWN OFFICERS AS TO 
PUBLIC INSTRUCTION. 



Clerk's duties. Section 467. It shall be the duty of the 
town clerk: 

1. To report to the county superintendent wdthin 'ten days 
after his election or appointment his name and postoiiice ad- 
dress, and likewise the name and postoffice address of each dis- 
trict clerk within ten days after thte same are filed in his office. 

See Form No. 28. 

2. To see that the annual reports of the several district clerks 
are made correctly and in due fonn; to file and safely keep all 
reports whatsoever made to him and all orders and notices of 
the town board relative to any school district. 

3. To record such description of school districts, and such 
orders concerning the organization, alteration or dissolution 
thereof as shall be made by the town board. 

4. To make and keep in his office a map of the town, show- 
ing the exact boundaries of all the school districts therein as 
appear from the records on file, and when a new district is 
formed to make and furnish a map thereof to the district clerk. 

5. To apportion the school money collected by the town and 
that received from th-e state for the several school districts of 
the town on the third Monday of March each year, or as soon 
as the same shall be collected or received by the town treasurer, 
to the several districts and parts of districts within the town as 
provided in these statutes. 

See Form No. 27. 

Further duties of the town clerk in regard to the apportionment of 
school money will be found in sections 558 and 559. 



DUTIES OF TOWN OFFICERS. 93 

Treasurer's duties. Section 468. It shall be the duty of the 
town treasurer: 

1. To apply for and receive from the county treasurer all 
moneys aj)portioned for the use of comnion schools in his town 
and to pay the same together mth all moneys collected in the 
to^vn for the supj)ort of the schools, to the treasurers of the 
districts entitled to receive them upon the order or apportion- 
ment of the town clerk. 

2. To pay to the district treasurer on demand all school dis- 
trict taxes raised in each district and collected by him, and the 
amount of all school district taxes returned to the county treas- 
urer of liis county as delinquent, whenever the same shall have 
been paid to him by said county treasurer or whenever he shall 
receive credit from the county treasurer for such delinquent tax 
or any part thereof on account of any demand or claim due 
from such town to such county. 

3. On or before the second Monday of March in each yeai 
to certify to the town clerk the amount of school money in his 
hands to be apportioned by said clerk, and immediately upon 
the receipt of any money from the school fund income to cer- 
tify the same to the said clerk for apportionment. 

(Sub-division 4, Sec. 468, Statutes of 1898, as amended by 
Chap. 119, Laws of 1901.) On the second Monday in June 
in each year to make and forward to the clerk of each school 
district in whole or in part in his own town a certified state- 
ment of the amount of money paid by the town treasurer dur- 
ing the year next preceding to such district treasurer, specify- 
ing the date and amount of and the account upon which each 
such payment was made. 

5. If the county treasurer shall neglect or refuse to pay over 
the school money which by law should be paid to the town 
treasurer, he shall commence and prosecute an action on the 
ofiicial bond of such county treasurer for the recovery of such 
money. 

The town treasurer will hold, subject to the order of the several 
district treasurers of his town, all district taxes collected by him. 
Also, all money raised by taxes levied upon the town by the county 
board of supervisors, and all mo.ney raised by the town in addition 
thereto, and pay the same over to the several district treasurers, ac- 
cording to the apportionment made by the town clerk under the law. 
He will also receive from the county treasurer the amount apportioned 
by the state superintendent to his town, out of the Income of the 
school fund, and pay the same over to the district treasurers, accord- 
ing to the apportionment made by the town clerk. The town tre'^s- 



94 SCHOOL LAWS OF WISCONSIN. ^ 

urer will also receive all money paid on account of delinquent taxes, 
and pay the same over'^'to the proper district treasurers. No school 
taxes except district taxes will be returned, if the law is complied 
with. 

It is the duty of the town treasurer to notify the town clerk of any 
money which he holds subject to apportionment by said town clerk, 
and to inform district treasurers promptly of any funds in the town 
treasury belonging to the respective districts. 

District treasurers are not required to accept any taxes or school 
funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the second Monday 
in March, in each year, must state specifically the several amounts re- 
ceived from town and county tax, and the amount of income unappor- 
tioned whicTi remains in the town treasury; it must also include any 
money apportioned the previous year, which has not been paid over to 
the district treasurers. Reference is here made to section 557. 

The piirpose of the certified statement to the district clerk of the 
amount of money paid by the town treasurer during the year next 
preceding, to the district treasurer, is to give the district clerk the 
data upon which settlement with the district treasurer can be made 
in time for report at the annual meeting. As the annual meetings are 
now held on the first Monday in July, the statement should be fur- 
nished earlier as the law now demands. 



DISTRICT TAXES. 95 



VII.-ASSESSMENT AND COLLECTION OF 
DISTRICT TAXES- 



Assessment. Section 469. All school district taxes, unless 
otherwise specially provided by law, shall be assessed on the 
same kinds of property as taxes for town and county purposes, 
and all personal property which, on account of its location or 
the residence of its owner, -is taxable in the town shall, if such 
locality or residence be in the school district, be likemse taxa- 
ble for school district purposes. 

Valuation of realty. Section 470. Whenever any real es- 
tate in any school district shall not have been separately valued 
in the assessment roll of the town, and the valuation of such real 
estate cannot be definitely ascertained from such assessment 
roll, the town clerk sliall estimate the value of the same in pro- 
portion to the valuation affixed in said assessment roll to the 
whole tract of which such lot or piece of land forms a part. 

Assessments in joint districts. Section 471. In case of a 
joint district the assessors of the town, city or village in part 
embraced therein shall meet at the district school-house on or 
before the Saturday next preceding the time fixed for the return 
of the assesment rolls, and shall then compare the valuation 
of taxflble property in the several parts of such district sepa- 
rated by town lines, and determine whether the relative valua- 
tion be just or not; if considered unjust they shall then deter- 
mine the relative proportion of district taxes to be assessed upon 
the several parts. If they cannot agree upon either of said mat- 
ters they shall call to their aid the supervisors, trustees or al- 
dermen of the several towns, city or village so in part embraced; 
if the assessors and supervisors cannot determine the question 
they shall call to their aid the chairman of an adjoining town, 
whose vote shall decide the controversy. The determination 



96 SCHOOL LAWS OF WISCONSIN. ' ~' 

when made shall be certified in writing to the district clerk. If 
any such officer shall refuse or neglect to act when called on 
as above provided he shall forfeit twenty dollars. 

Statement as to taxes. Section 472. Each district clerk 
shall, on or before the third Monday of JSToveniber in each year, 
deliver to the town clerk a statement in writing, verified by his 
affidavit, showing the amonnt of taxes voted to be raised at the 
last annual meeting or at the first meeting after the organiza- 
tion of the district, or both, as the case may require, and all 
of the taxes voted at any special meeting held during tthe then 
next preceding year, and also 'the amount of tax therefor voted 
to be collected in such year, if any, for the annual payment 
of any loan, and also the amount to be paid by such district, 
if any, under the provisions of section 421. In case of a joint 
district he shall deliver to the clerk of each town, city or village 
in which any part of the district is situated a statement so veri- 
fied showing the proportion of such taxes to be assessed in that 
part of the district within such town. If such proportion shall 
not have been determined as provided in the last preceding sec- 
tion it shall be ascertained from the valuation contained in the 
last assessment rolls of the respective to^viis, city or village; 
and to that end the clerk of each such municipality shall, on 
or before the last Monday in September in each year, deliver 
to the district clerk a certified statement of the valuation of the 
real and personal property in that part of such district lying 
therein as the same appears from said assessment roll. 

See Forms Nos. 30 and 31. 

Assessment by town clerk. Section 473. The to^\m clerk 
shall assess the taxes so 'certified upon the property liable there- 
to, placing the same in a separate column in the next tax roll 
of his town, whenever so certified, before he shall have delivered 
the roll to the town treasurer for collection, although after the 
third Monday of l^oveniber; if any such sliall not be assessed 
in the next tax roll after being voted it shall be assessed in 
that of the next succeeding year. Such taxes shall be collected 
or returned delinquent by the town treasurer and collected by 
the county treasurer in all respects like other taxes. 

Upon the delivery to him of such statement, the town clerk should 
give the district clerk a, certificate that he has received the same, stat- 
ing the amount of the tax, and the time when received, which certifi- 
cate should be filed in the oflice of the district clerk. 



DISTRICT TAXES. • 97 

It will be noticed that this statute makes it the duty of assessors 
to meet and make the equalization without notice or demand on the 
part of any other officer. Assessors should try to arrange for such 
meeting by agreement, if possible; otherwise each assessor should be 
at the district school house (the place of meeting designated by the 
statute) on "the Saturday next preceding the time fixed for the re- 
turn of the assessment rolls," first giving each other assessor due 
notice to be present on that day. The law contemplates that in joint 
school districts the district taxes shall be apportioned between the 
several parts of the district lying in different towns, not on the basis 
of valuations fixed by the assessors of such several parts, but' on the 
basis of the equitable relative valuation of such several parts, to be 
ascertained and determined by the assessors in joint meeting as di- 
rected in said section 471. Frequent complaints are made of injustice 
between different parts of joint districts, where the assessment in one 
town was on a higher or lower percentage of true value than in the 
other town or towns into which the district extended, such injustice 
resulting from a failure on the part of assessors to meet and make 
the equalization as required by the statute. This subject should be 
made a matter for special mention on the part of the assessors of towns 
having joint school districts, 

7 



98 SCHOOL LAWS OP WISCONSIN, 



VIII.-BORROWING MONEY 



When ; security. Section 474, Whenever upon any un- 
usual exigency any school district shall, before the annual 
meeting, vote a special tax to be collected with the next levy, 
the district may by vote authorize the district board to borrow, 
for a period not exceeding one year, a sum not exceeding the 
amount of such tax, and by such vote set apart such tax when 
collected to repay such loan; and thereupon the district board 
may borrow such money of any person, and on such terftis, 
and execute and deliver to the lender such obligation therefor 
and such security for the repayment, including a mortgage or 
pledge of any real or personal property of the district, subject 
to the directions contained in the vote of the district, as may 
be agreed upon and not prohibited by law. 

The district may, at any time before ttie annual meeting, upon any 
unusual exigency, vote a special tax to be collected with the next 
levy (notice of such purpose being duly given, as provided in section 
427), and the district may authorize the board to borrow the same 
amount for immediate use. 

Loan for building, how authorized. Section 475. For the 
purpose of aiding in the erection of a school-house any school 
district may, by vote at any annual or lawfully called special 
meeting, authorize the district board to borrow money. The 
resolution to be voted on shall be in writing, specifying the 
amount to be borrowed, the rate of interest and the time and 
manner of payment, which shall be in annual instalments, the 
last of which shall be payable. in not exceeding ten [fifteen] 
years from the first day of February next ensuing. Such reso- 
lution shall be read to the meeting and the vote taken thereon 
by ballot. The ballots shall be written or printed: those in 
favor of the loan, "for the loan;" those opposed, "against the 
loan." The resolution and th<3 vote shall be recorded, and, if 



BORROWING MONEY. 99 

adopted by a majonty, tlie district board sliall bo tliereupon 
authorized to borrow sucli sum of any person on such terms, 
and execute and deliver to the lender such obligation therefor 
and such security for payment, including a mortgage or pledge 
of any real or personal property of the district, subject to the 
direction contained in ihb resolution voted, as may be agreed 
upon, not prohibited by law, and shall also levy a tax to be 
annually collected thereafter suihcient to pay the interest an- 
niTaly on such loan and the annual instalments of the principal 
provided to bo paid in each year. 

Use of funds — Vote final. Section 476. The money bor- 
rowed under authority of either of the last two preceding sec- 
tions shall be paid into the district treasury and be expended 
only for the purposes for which it was voted or borrowed. 
After any such loan shall have been made no power shall ex- 
ist to rescind or reconsider any such vote or obstruct the col- 
lection of such tax; and the district treasurer shall apply every 
such tax- when received by him exclusively to the payment of 
such debt so far as necessary to discharge the amount to which 
such tax was devoted. 

The special provisions of the law as to borrowing money to aid in 
building a schoolhouse, should be . carefully examined and complied 
with; likewise those contained in the last preceding section, which 
apply to both the sections preceding it. Particular care should be 
taken to notify the electors, as provided in section 427, and every op- 
portunity should be given for a fair and full expression of the will of 
the people. 

The resolution to be voted on at the meeting should be carefully 
drawn up, and the collection of a direct annual tax sufficient to pay 
the interest on the debt as it falls due, and also to pay and discharge 
the principal within twenty years (fifteen years if the money is to bo 
borrowed from the state trust funds) of the time of contracting the 
debt must be provided for by the electors-«,t the meeting. The district 
board has no authority to levy a tax except as provided in section 
437. 

Loan to refund indebtedness. Section 4:1 Ga. Any school 
district may, by vote at an annual or special meeting, author- 
ize the district board to borrow money for the purpose of re- 
funding its indebtedness. A written resolution shall be read 
at such meeting specifying the amount to be borrowed, the rate 
of interest and the amount of each instalment of principal and 
time when it shall be paid. The last instalment shall be paya 
ble in not exceeding twenty years from the time the indebted- 
ness was originally contracted. The vote on such resolution 



j^OO SCHOOL LAWS OF WISCONSIN. -, . - 

shall be taken by ballot, and voters favoring its adoption shall 
cast a ballot on which shall be the words "for the loan," those" 
opposed a ballot on which shall be the words "against the loan/"' 
If a majority of the votes cast are in favor of the loan the board 
may borrow the specified amonnt on snch terms as may be 
agreed npon conformably with snch resolution and not pro- 
hibited by law, and execute the bonds or other obligations of 
the district for such sum. The district shall levy a tax to be 
collected annually thereafter sufhcient to pay the annual inter- 
est on such loan and the instalment of the principal to be paid 
in any year. After any such loan shall have been made such 
vote shall not be rescinded or reconsidered, nor shall the collec- 
tion of such tax be obstructed, and the tax when collected shall 
be applied exclusively to the pa,yment of such indebtedness. 
The money so borrowed shall be paid to the treasurer and shall 
be expended solely for the purpose for which it was borrowed. 

This law relates only to refunding loans previously made, not to 
loans made in the first instance by school districts, and authorizes such 
districts to extend the period for twenty years during which the loan 
is to be paid. 

Borrowing money for teachers' wages, etc. SECTioisr 1. (Chap- 
ter 40, laws of 1901.) Any school district may, by vote, at any 
annual, or lawfully called special meeting, authorize the district 
board to boiTOW money for a period not exceeding six months, 
for the purpose of paying teachers' wages and usual school ex- 
penses, not exceeding the amount of district taxes voted for 
such purposes at such meeting, to be collected mth the next 
levy. 

Section" 2. Any district board, after being so authorized 
may borrow such money of any person for not exceeding six 
months, and deliver to*' the lender thereof an order on the dis- 
trict treasurer for the amount so bon-owed, payable on or before 
six months after date thereof and drawing interest from date 
thereof not exceeding seven per cent, per annum. 

This chapter will also be found in connection with section 430, treat- 
ing of powers of districts. 

(Chapter 342, Laws of 1901.) For the purposes expressed 
in section 474 of the statutes of 1898 and chapter 40 of the laws 
of 1901, any high school district board is hereby authorized and 
empowered to borrow money whenever directed by the electors 
of such high school district assembled at a meeting regularly 



BORROWING MONEY. 101 

called and lield for that purpose, pursuant to the provisions of 

section 427 of the statutes of 1898. The payment thereof shall 

be j)rovided for by said board by a tax to be raised and certified 

as provided in this section. 

This chapter provides for a special meeting of the electors of a 
free high school district and gives them power to authorize the high 
school board to borrow money to be applied to carrying on the high 
school only. This chapter will also be found in that part of this vol- 
ume treating of the high school law. 

School district loans. Sectioist 261, (Statutes of 1898, 
amended by chapter 129, laws of 1899, and by chapter 123, laws 
of 1901.) Every loan to a school district may be made for such 
time not exceeding fifteen years, and of such amount as to- 
gether with all other indebtedness of such district, shall not ex- 
ceed five per centum of the last preceding assessed valuation of 
the real property in such district, and not exceeding in any case 
twenty-five thousand dollars, as may be agreed upon; the prin- 
cip'al shall be payable in equal annual instalments from a time 
fixed by said commissioners, with interest at the uniform rate of 
three and one-half per centum per annum, payable annually. 
'No such loan shall be made until proof be filed in the office of 
said commissioners of the complete perforaiance on the part of 
such district of each and every act hereinafter required to pre- 
cede the same. 

The law of 1898 limited the time of loans to school districts to 
ten years and the amount to ten thousand dollars, and fixed the rate 
of interest at four per cent. The law of 1899 changed the time to 
fifteen years and fixed the rate of interest at three and one-half per 
cent. The law of 1901 raised the amount that may be borrowed by 
any one aistrict to twenty-five thousand dollars. Carefully study all 
laws and directions given in this volume for borrowing money before 
application for a loan is made. 

Borrowing money — Cities. (Chap. 387, Laws of 1901, amend- 
ing Chap. 81, Laws of 1899.) All cities of the third and fourth 
class operating under a special or general charter, are hereby 
authorized to levy annually a special tax for school purposes, not 
exceeding three and one-half mills on the dollar of the assessed 
valuation of all the real and personal property in said city for 
that year, in addition to the total tax now authorized to be levied' 
by such cities. 

Loans from the trust funds. Section 1. (Chapter 72, laws 
of 1901.) The annual interest and installments of principal 



102 SCHOOL LAWS OF WISCONSIN. 

of all loans granted hereafter from the trnst funds of the state 

to counties, to^wns, villages, cities or boards of education and 

school districts, shall be payable on the first day of February 

of each year after the granting of such loans. 

This chapter fixes the time of paying the installments of principal 
and interest referred to in chapter 123, laws of 1901, printed above. 

Application for. Section 262. Before applying for such 
loan, every school district shall authorize such application by 
a vote of a majoii'ty of the legal voters of said district voting 
on such question, and if at a special meeting, the object of such 
meeting shall be clearly stated in the notice thereof, and such 
district shall not thereafter rescind said tax, reconsider such 
vote, or in any wise hinder, delay or postpone the levy and col- 
lection of the tax so voted, and shall not expend the money so 
raised or loaned for any other purpose. Application for such 
loan shall- be made by the district board of such school district 
in writing, stating the amount required, the assessed valuation 
of the taxable real propei-cy of such district, and the total as- 
sesed valuation of the taxable property of such district as shown 
by the last assessment roll; and if such district be a joint district 
such assessed valuation in its several parts separately, so that 
the valuation of so much thereof as lies in each town of which 
it is a part may be readily known; and the total amount of all 
the other indebtedness of such district and the facts in detail 
in respect to the holding of the meeting and passing the votes 
required as aforesaid, and shall be accompanied by a correct 
map or plat of such district. Such application and map 
shall be recorded in the office of said commissioners ; 
and such application and the record thereof and such statement 
shall be conclusive evidence of the facts therein stated. All 
such applications shall be acted upon by the said commissioners 
in the order of time in which they shall be filed. 

Loans to schools under township system. Sectiojst 262a. 
Loans to the board of school directors of any town in wliich the 
township system of schools exists shall be made only when ap- 
plication therefor shall have been authorized by a majority of 
the electors of the town voting on the question at an annual 
town meeting, or at a special town election called and held in 
the manner provided by law. The question of authorizing an 
application for a loan shall be submitted in the form of a reso- 
lution which shall state the amount for which application shall 
be made and the time for payment of the loan. The vote on 



BORROWING MONEY. 103 

tlie adoption of such resolution shall be by ballot. Tke applica- 
tion to the commissioners shall be signed by the president, vice- 
president and secretary of such board, and the certificates of in- 
debtedness required as evidence of the loan shall be signed by 
them. The town treasurer shall receive and receipt for the 
money and pay it out as other moneys belonging to the school 
fund of the township are paid out, but only for the purpose for 
which the loan was made. Except as herein provided the 
statutes governing loans to school districts shall, so far as ap- 
plicable, control loans made to such boards. 

The granting of loans from the trust funds of the state for the 
purpose of aiding in the erection of school houses is frequently delayed 
on account of errors and omissions in the application and accompany- 
ing papers. To aid school district officers to avoid errors and facili- 
tate the granting of loans, the following statements are given: 

1. The law requires that the authority to borrow money must be 
given by vote at an annual or lawfully called special meeting. 

2. That the resolution to be voted on shall be in writing and shall 
specify the amount to be borrowed, the rate of interest, and the timo 
and manner of payment. 

3. The resolution to be voted on shall be read to the meeting and 
the vote thereon taken by ballot. 

4. The ballots shall be written or printed; those in favor, "for the 
loan;" those opposed, "against the loan." 

5. The resolution and the vote shall be recorded. 

6. If the resolution is adopted the meeting shall also levy a tax to 
be annually collected to pay the interest and principal of such loan 
as they become due. 

Section 327, Wisconsin statutes of 1898, gives the law relating to 
special school district meetings. That statute and the comments 
thereon should be very carefully studied before any steps are taken 
toward calling a special meeting for the purpose of securing a loan 
from the state. In order that the essential points may not escape 
your notice, they are also placed here: 

1. The special meeting must be called on the written request of at 
least five legal voters. 

2. Notices for such special meetings must be posted in four or more 
public places in the district; one of which shall be affixed to the outer 
door of the schoolhouse at least six days before the date on which the 
meeting is to be held. 

3. If a loan is to be authorized, tax levied, or debt contracted, notice 
of the meeting must be served on at least three-fourths of the legal 
voters (men and women), either personally or by written notice left 
at their place of residence, stating the time and place, and objects 
of the meeting, and specifying the amount proposed to be voted, at 
least six days before the time appointed therefor, exclusive of the 
day on which the meeting is to be held. 

4. A record of the proceedings of the special meeting should show 
that every requirement of the statutes has been observed. 

The following outline which may be modified to conform to the 
facts, will serve as a guide to aid in making a sufficient record of the 
proceedings of the special meeting, and a certified copy of such record 



104 SCHOOL LAWS OP WISCONSIN. 

must accompany all applications made to tlie Commissioners of fuDlic 
Lands foi* loans from the trust funds: 

Minutes of the proceedings of a special meeting of school 

district No of the town of in 

county, Wisconsin, held at the schoolhouse in said district on the 

day of , 19...., at o'clock in the noon. 

The meefing was called to order by Mr was 

elected chairman and the school district clerk acted as clerk. 

Mr , school district clerk, read an affidavit showing that 

the meeting was called on the written request of at. least five legal 
voters of the district, and that notices thereof were posted in the 
manner prescribed for calling the annual meeting, and that at least 
three-fourths of the legal voters (men and women) had been notified 
either personally or by a written notice left at their places of residence, 
stating the time, place and objects of the meeting, and specifying 
the amount proposed to be voted, at least six days before the time 
appointed therefor, exclusivje of the day on which the meeting was to 
be held, which said affidavit is in the words and figures following, 
to-wit: 

County. — ss. 

, being first duly sworn, on oath, deposes and says that 

he is the duly elected and acting clerk of school district No , 

of the town of , in county, Wisconsin ; that 

on the day of , 19 .... , a request in writing was 

filed with this deponent, requesting deponent to call a special district 

meeting on the day of , 19 .... , at o'clock 

in the noon, which said request is in the words and figures 

following, to-wit: 

(Here give request in full.) 

That thereafter on the day of , 19 .... , deponent 

posted notices in 'public places in said district, one of which 

was affixed to the outer door of the schoolhouse in said district, of 
which the following is a true copy: 

(Here give notice in full.) 

That on the day of , 19 .... , this deponent notified 

the following named legal voters of said district personally, by read- 
ing the said notice to them: 

(Here give names of voters personally notified.) 

And on the same day deponent notified the following named legal 
voters of said district by leaving a true copy of said notice at their 
places of residence: 

(Here give names of voters so notified.) 

That the persons on whom such notice was served as aforesaid 
constitute at least three-fourths of all the legal voters of the district. 



Subscribed and sworn before me this day of , 19. .. 

Justice of the Peace. 

The following resolution was read to the meeting: 

''Resolved That the school district board be and it is hereby author- 
ized to make application for a loan of dollars from the 

state trust fund, payable in years, with interest at the rate 

of 31^ per cent, per annum, payable annually (See chapter 72, as printed 
above) for the purpose of building a schoolhouse." 



BORROWING MONEY. 105 

The question being on the adoption of the resolution, a vote was 
taken by written ballots, which resulted as follows: 

For the loan 

Against the loan 

Majority for the loan 

The following resolution was then offered and adopted: 

Resolved, That a sum suflicient to pay the interest and principal of 
the loan as it becomes diie, be and the same is hereby levied upon 
the taxable property of the district. 

I, , clerk of the school district above named, do hereby 

certify that the above and foregoing is a true copy of the record of 
the proceedings of the meeting therein referred to; that I have com- 
pared the same with the original record in my custody" and that it 
is a true copy thereof and of the whole of such original record. 

Dated , 19... 



District Clerk. 



The form of request to the clerk to call a special meeting is given 
in this connection for the convenience of school officers and electors. 
The electors may at the meeting vote to borrow a smaller sum than 
that named in the call but cannot vote to borrow a larger amount. 

Request to District Clerk to Call a Special Meeting. 

To , Clerk of School District No 

of the Town of : 

Sir: — You are hereby requested to call a special meeting of the above 

District on the day of , 19. ., at o'clock in 

the noon, for the purpose of voting on the following propo- 
sitions, viz.: 

1st. To authorize the School Board to make application for a loan 

of dollars from the State Trust Funds, payable in 

years, witli interest at the rate of 3% per cent, per annum, payable 
annually, for the purpose of building school house. 

2nd. To raise by tax a sum sufficient to pay the principal and in- 
terest of such loan as it becomes due. 

Signed: 



The form of notice for a special school meeting given herewith is 
one adopted by the land commissioners, and the district clerk should, 
as far as possible, make copies to be posted agree with this form. 

It must not be forgotten that copies of the notice must be served 
upon at least three-fourths of the electors (men and women) of the 
district, at least six days before the meeting and exclusive of the day 
on which the meeting is to be held. Any failure to follow the direc- 
tion given in section 427, of this code, is likely to invalidate all proceed- 
ings of the electors at said special meeting. 

"(Form of Notice for Special School Meeting.) 

Notice is hereby given to the qualified voters of School 

District No. , Town of , that a special school 



IQQ SCHOOL LAWS OF WISCONSIN. 

meeting of said district will be held at , in said dis- 
trict on the day of , 19 , at o'clock P. M., 

for the purpose of voting the following propositions, viz.: 

1st. To authorize the school board to make application for a loan 

of dollars from the State Trust Funds, payable in 

years, with interest at the rate of 3% per cent, per annum, payable 
annually, for the purpose of building school house. 

2d. To raise by tax a sum sufficient to pay the principal and interest 
of such loan as it becomes due. 

(Signed) , 

District Clerk. 

Dated 

Liability for loans; change of boundaries; taxes; joint districts; 
officers' duty. Section 263. All the taxable property in any 
school district which has heretofore obtained or shall hereafter 
obtain any loan from the state shall stand charged for the pay- 
ment of the principal and interest thereof; and the boundaries 
of such district shall not be so altered as to exclude therefrom 
any land included therein at the time of making such loan, until 
such loan shall be fully paid, without the consent of said com- 
missioners and upon such terms as they shall prescribe; and 
there shall be annually levied upon the taxable property of such 
district, besides all other taxes, a tax sufficient to pay the annual 
interest and annual install ments of principal of such loan, as 
hereinafter provided. Whenever a joint school district shall make 
any such loan, the clerk of such district shall notify in writing 
the town clerks of the several towns of which such district is 
composed, of such loan and the tenus thereof; and thereafter 
the town clerk of each town shall, on or before the second Mon- 
day of September in each year, until such loan be paid, trans- 
mit to the secretaiy of state a statement oertiiied by him of the 
valuation of all taxable property belonging to that part of such 
district which lies in his town according to the last assessment 
loll; or if the same shall have been equalized, as provided in sec- 
tion four hundred and seventy-one, such equalized valuation 
thereof. The secretary of state shall in every year furnish to 
the county clerk of each county, in wliich lies any school dis- 
trict or part of district from, which any such payment is to be- 
come due the amount to be levied upon such district, or, if a 
joint district, upon each such part of such district as lies in any 
town in such county, at the same time that he furnishes that of- 
ficer a statement of the state tax. In apportioning such tax to the 
parts of a joint school district lying in separate towns, the secre- 
tary of state shall take, as the true valuations the valuations of 



SOUtlOWING MONEY. lOt 

the taxable property stated in the application for such loan, until 
amended by the certified statements aforesaid of the town clerks 
of all the towns in which such joint district lies. The county 
clerk, on receiving such statement, shall include the amount due 
from such district or |)art of district in his apportionment of 
state taxes to the town ; but it shall be carried out in a separate 
column and the district from which it is due shall be specified. 
The town clerk shall charge and carry out such amount on his 
tax roll to the district or part of district to which it belongs, in 
a separate column, and the tax shall be collected and paid over 
with and in the same manner ,as the state tax. 



•j^OS SCHOOL LAWS OF WISCONSIN. 



IX -SCHOOL HOUSE SITES. 



How obtained. Sectioisi- 4Y7. Whenever a school-district 
shall have designated by a majority vote of the electors there- 
of present at an annual meeting or at a special meeting called 
for that purpose, a school house site or an addition thereto, and 
shall be unable to obtain the same on account of the refusal of 
the owner to sell or lease the same for a just and reasonable 
comiDensation, or on account of his being a non-resident or un- 
known, the district board, when directed so to do by a vote of 
the electors of such district meeting, shall make application to 
the town board of their town to locate and establish the site or 
any addition thereto so designated. 

Notice to land owner. Section 478. Whenever any such ap-. 
plication shall be made to the town board said board shall make 
and .sign a notice in writing of such application, containing a 
description of the land upon which it is proposed to locate such 
a site or addition and the time and place when and where they 
will meet to decide upon the same. Such notice shall be 
served or caused to be served by the district clerk upon 
all the occupants of such land and all the owners 
thereof who are known and are residents of this state 
at least six days previous to the day fixed for such meeting. 
Such notice shall be served by delivering a copy thereof to each 
such occupant and owner or by leaving the same at their re- 
spective residences with some person of suitable age and discre- 
tion; and if the owner or owners of said land be unknown to 
said board or shall reside without this state then such notice 
may be served by publishing the same in the newspaper pub- 
lished nearest said land once in each week for six successive 
weeks next before the said day of meeting. 

Compensation. Section 479. The town board shall meet at 
the time and place fixed in said notice, and upon due proof of 



SCHOOL HOUSE SITES. 109 

tlie service of [or] publication of said notice they shall locate 
and establish such site or addition for said district. They shall 
cause an accurate survey and description to be made, and fix 
and award the compensation to be made to the respective owners 
for the same, including all damages respectively sustained by 
such owners by reason of such taking of said lands, and within 
ten days thereafter make out and sign duplicate certificates, con- 
taining a statement of their action upon such application, an ac- 
curate description of the land taken and the amount of com- 
pensation and damages awarded to each of said owners, one of 
which shall be delivered to the occupant or owner of the lands 
so taken, if known and a resident of this state, and the other, 
together with the proofs of publication or service of said notice 
and such survey, to the clerk of said district, who shall cause said 
certificate to be recorded in die office of the register of deeds 
of the proper county; provided, that said board may, in their 
discretion, before agreeing upon their award, adjourn from 
time to time, not exceeding in all ten days. 

Payment. Section 480. The sum of money so awarded by 
said board shall be paid to the owner of the land upon which 
such site or addi>ti6n is located, or in case the owner is a non- 
resident or unknown, or refuses to accept the money, it shall be 
deposited with the treasurer of the district to the order of the 
owner of said land; said district , shall not occupy said land 
without the consent of the owner thereof until such money shall 
be paid, tendered or deposited as aforesaid. 

Appeal. Section" 481. Any person aggrieved by the de- 
cision of the town board in the award of damages or otherwise 
may, within twenty days after filing their duplicate certificate 
with the clerk of such district, appeal therefrom to the circuit 
court of any county in which such site or addition or any part 
•thereof is situated, by filing with such clerk a. notice of appeal, 
specifying all the grounds of his appeal and paying to such 
clerk one dollar for state tax and one dollar for making returns 
thereto. Within twenty days thereafter such district clerk 
shall deliver to the clerk of said circuit court a certified copy of 
such certificate, together with such notice of appeal, with the 
date of service thereof indorsed thereon, and pay to him one 
dollar state tax; and thereupon the clerk of said court shall en- 
ter an action in his court record in which the said appellant 



]^10 SCHOOL LAWS OF WISCONSIN. 

shall be plaintiff and the scliool district defendant. The issne 
in said action shall be the legality of all the proceedings taken 
by the school district and town board in taking the lands of the 
plaintiff for such school house site or addition thereto which are 
set forth iii the notice of appeal as grounds therefor, and the 
amount of compensation and damages to which he is entitled 
therefor. Such issue shall be tried without further pleadings as 
other issues of fact are tried, and judgment thereon be rendered 
and enforced as in other personal actions in such court ; pro- 
vided, that when the legality of the proceedings is not made an 
issue or is sustained and the plaintiff does not recover a larger 
sum for damages than was awarded to him, he shall not recover 
but shall pay costs. 

Quantity of land. Section 482. 'No school-house site shall 
contain more than one acre unless with the consent of the 
owner of the land taken therefor. All land so taken against 
the will of the owner, when it shall cease to be used as a school 
house site or addition, shall revert to the original owner, his 
heirs or assigns; and no land shall be so taken that may not be 
taken for .highway purposes without the consent of the owner 
thereof. 

Proceedings by joint districts. Section 483. If such appli- 
cation be made by a joint district it shall be made to the town 
boards of the several towns in which such district is situated, 
and such town boards shall act together as one board in all pro- 
ceedings as hereinbefore prescribed. 

Infant's land, how obtained. Section 484. Whenever any 
school district shall locate a site for a school house upon any 
land owned by an infant or in Avhich an infant has an interest 
the circuit or county court of the county in which the land is 
situated may, upon application of the parent or guardian of 
such infant, authorize such parent or guardian to execute a 
perpetual lease of such site not exceeding one acre in quantity, 
and Avhen any such land is held in trust for an infant his 
trustee may in like manner apply for authority to make such 
perpetual lease. All such leases shall vest in the lessee the in- 
terest of such infant and of his trustee in such land so long as 
the same is occupied for school purposes. Such authority shall 
not be granted unless it shall be made to appear satisfactorily to 
said court that [the] premises are needed for school purposes, 



"" SCHOOL HOUSE SITES. HI 

that the said school district is willing to paj therefor a con- 
sideration deemed adequate by the court and that the interest 
of such infant will not be prejudiced by reason of said lease, 
and before making such order the court shall require the person 
authorized to make siieh lease to give a bond to account for 
and pay over the consideration received therefor as in cases pro- 
vided by law for the sale of the lands of minors. 

The foregoing sections embody the laws in force as to the establisli- 
ment of school house sites. The town board is to be called upon, not 
to select or designate a site in any case, but to locate and establish 
the same or any addition thereto, when the district cannot obtain it 
on reasonable terms, or because the owner is a non-resident. 

The last section points out the course to be pursued when the site 
selected is on land owned by an infant, or in which an infant has au 
interest. 



112 SCHOOL LAWS OP WISCONSIN, 



X.-IJBRARIES. 



Reference works, miscellaneous books and books for supplementary 
reading for school use may be obtained in three ways: 

First. — Under subdivision 10 of section 430, which gives the school 
district meeting power to appropriate certain sums of money for the 
school district library. 

Second. — Under section 486, which allows two or more districts to 
unite in purchasing and maintaining a joint library. 

Third. — Under section 486a, known as the township library law. 
Nearly all the school district libraries of the state have been secured 
under this law, which has proved the most efficient and has secured 
the best results. 

Librarian; actions. Section 485. The clerk of the district 
or such other person as the legal voters shall appoint shall be 
the librarian and have the care and custody of the district li- 
brary under the supervision of the district board. All actions 
relating to snch libraries or for the recovery of any penalties 
lawfully esta.blished in relation thereto shall be brought in 
the name of the proper school district. 

Joint libraries. Section 486. The legal voters of any two 
or more adjoining school districts may, with the approval of the 
town board, unite their libraries and library money and may 
purchase a joint library or additions thereto for such districts, 
to be selected by the district boards thereof or by such person as 
they shall designate, and to be under charge of librarians to be 
appointed by such district boards. Every such joint libraiy 
and its appurtenances shall be vested in and all actions relating 
thereto shall be brought in the names of all the districts owning 
such joint library. In case such district shall desire to divide 
any such joint library such division shall be made by the di- 
rectors of the districts owning the same, or by the town super- 
visors if such directors cannot agree; and any school district 
may donate and sell any book or books belonging to the district 
library to the town in which it is situated to form a part of the 
tjQym library. 



LIBRARIES. 



113 



REGULATIONS. 



The following regulations for the management of school district 
libraries are prescribed by the state superintendent, under the author- 
ity of section 166 of the revised statutes: 

1. The district librarian shall have charge of the library, and shall 
keep a catalogue of all the books in a book to be provided by the dis- 
trict for that purpose. 

2. Every volume in a library shall have pasted on the inside of the 
cover a printed paper, giving the name of the district; the number 
of the volume; the fine for not returning it within the specified time, 
and for the loss of or injury to any book. Blanks for this purpose will 
be furnished to districts upon application to the state superintend- 
ent. 

3. Every volume loaned shall be entered by the librarian in a book, 
to be provided by the district for that purpose, by its number, with 
the day on which it was loaned; the name of the borrower, and the 
name of the person to whom it is charged (see regulation 5) ; the date 
when returned, and condition of the book; the fine assessed for deten- 
tion, or injury done to the book in the following form: 



Time 

of 

delivery. 



J 930 
June 10, 



Number 

of 

book. 



To whom 
delivered. 



Jno. Ward 



To whom 
charged. 



W. Green. 



When 
returned. 



June 2t. 



Condition 

of 

book. 



Good. 



Fine 

for 

detention. 



Fine 

for 

injury 



4. No person shall be allowed to have more than one volume at a 
time, or to retain it longer than two weeks; nor shall any person 
who has incurred a fine imposed by these regulations, receive a book 
while such fine remains unpaid. 

5. Books may be loaned to minors and charged to their parents, 
guardians, or other persons with whom they reside, who shall be 
responsible for the books under these regulations. 

6. On the election of a librarian, his predecessor shall, within ten 
days thereafter, deliver to him all the printed and manuscript books, 
pamphlets, papers, cases, and all other property belonging to the li- 
brary which is in his custody, for which the librarian shall give 
him a full receipt, discharging him from all responsibility therefor 
except in tlie case herein provided; and on receiving the library prop- 
erty, the librarian shall carefully examine all books, etc., and if any 
loss or injury shall have been sustained, for which a fine has not 
been imposed by his predecessor, or for which a fine has been Im- 
posed and not certified by him to the treasurer, the librarian shall 
certify the amount thereof to the treasurer, who shall collect the 
same of such predecessor in the same manner as other fines are col- 
lected. 

7. In case of vacancy in the ofiice of librarian, the district clerk 
shall perform the duties of librarian until the vacancy is filled. 

8. If any person, having held the office of librarian, shall neglect 
or refuse to deliver to his successor all the library property, as pre- 
scribed in the sixth regulation, the director shall forthwith commence 
an action in the name of the district board for the recovery of the 
property he shall so neglect or refuse to deliver. 



114 SCHOOL LAWS OF WISCONSIN. 

9. On the return of any book to the library, the librarian shall ex- 
amine it carefully, to ascertain what injury, if any, has been sus- 
tained by it, and shall charge the amount of the fine accordingly; 
and in every case of injury not specified in these regulations, he shall 
assess the amount of damages to be paid, subject to revision by the 
district board. 

10. The following fines are established by the state superintendent, 
viz.: 

1st. For detaining a book beyond two weeks, five cents per week. 

2d. For The loss of a volume, the cost of the book; and if one of 
a set, an amount sufficient to replace it, or to purchase a new set. 

3. For a leaf of the text torn out or lost, or so soiled as to ren- 
der it illegrble, the cost of the book. 

4th.«For any injury beyond ordinary wear, an amount proportionate 
to the injury, to be estimated by the librarian. 

5th. Whenever any book shall not be returned within six weeks 
from the time it was loaned, it shall be deemed to be lost, and the 
person so detaining it shall be charged with its cost in addition to 
the weekly fine for detaining the book, up to the time such charge 
is made. But if the book is finally returned, the charge for loss shall 
be remitted; and the fine for not returning the same be levied up 
to the time of such return; provided, that in no case shall the amount 
of weekly fines exceed double the cost of the book. 

11. On the third Monday of August, November, February and May, 
and also immediately before he vacates his office, the librarian shall 
report to the district treasurer the name of every person liable for 
fines, and the amount each such person is liable to pay; and the treas- 
urer shall give the librarian a certificate of the same, a.nd immediately 
proceed to collect the same, and if not paid shall so cfertify to the 
director, who shall forthwith bring an action in the name of the dis- 
trict board for the recovery thereof. 

12. All library fines shall be paid to the district treasurer, who 
shall keep account of the same, and shall report thereon to the annual 
district meeting, giving the name of each individual fined, the amount 
of the fine, and the sum total of all fines, which report shall be re- 
corded by tlae clerk; and the district treasurer shall be responsible 
for all fines uncollected through his neglect. 

13. On the first day of July in each year, the librarian shall report 
to the district clerk as follows: 

1st. The number of volumes in the library; 
2d. The number of volumes purchased during the year; 
3d. The number of volumes presented during the year; 
4th. The number of volumes loaned during the year (counting each 
volume once for each time it is loaned) ; 
5th. Amount of fines collected; 
6th. Amount of fines expended. 

14. The irbrary fines collected must be first applied to the replacing 
of lost volumes, binding pamphlets, and rebinding such books as may 
require it. 

15. In case of joint libraries, the reports required above shall be 
made to the officers of the district in which the library is located. 

Township libraries. Section 1. (Chapter 2^2, Laws of 1899, 
amending section 48 6 a, Statutes of 1898.) The treasurer of 
every town, incorporated village, or city of the fourth class in 
this state, shall withhold annually from the apportionment re- 



•^ ' LIBRARIES. 115 

ceived from the school fund or other income for the school dis- 
trict or districts, the school house or school houses of which are 
located in his town, village or city, an amount equal to ten cents 
per capita for each person of school age residing therein, for the 
purchase of library books as hereinafter provided. Between 
the first days of May and September of each year, the town, 
"\dllage or city clerk except 'that in cities having a board of edu- 
cation such board of education, or a majority thereof, 
shall act in place of the city clerk, shall with the 
assistance and advice of the county or city superin- 
^tendent of schools, as the case may be, expend all such money 
in the purchase of books selected from the list prepared by the 
state superintendent, for the use of the several school districts 
from which money has been so withheld, said books to be 
distributed among said districts, in proportion to the amount of 
money withheld from each. In the case of joint districts be- 
tween one or more towns, a town or towns and an incorporated 
village or city, the 'treasurer or treasurers of the town or towns, 
shall transmit to the treasurer of the town, village or city in 
which the school house or houses may be located, on or before 
the first day of June of each year, an amount equal to ten cents 
per capita for each person of school age residing in that part of 
the joint district in his town at the time of the last annual school 
census. The state superintendent shall prepare, as often as he 
shall dee^m necessary, lists of books suitable for school district 
libraries, and furnish copies of such lists to each town, village 
or city clerk or secretary of the board of education, and to each 
county or city superintendent, from which lists the above desig- 
nated officers shall select and purchase books for use in such 
school libraries. Each town, village or city clerk, or secretary 
of the board of education, shall keep a record of the books so 
purchased and distributed in a book provided for that purpose. 
For such services properly performed, each clerk or secretary 
shall be allowed two dollars per day for each day actually and 
necessarily devoted thereto, such sum to be paid out of the 
town, village or city treasury. 

Section 2. The state superintendent shall have authority 
to suspend the oneration of this act in anv school district, town, 
village or city which shall maintain a free public library by 
giving due notice of such suspension to the clerk of such school 
district, town, village or city. 

This amendment to section 486a, chapter 27, extends the operation 
of the township library law. Hereafter, cities of the fourth class 



IIQ SCHOOL LAWS OP WISCONSIN. 

(cities having a population of ten tliousand or less) and incorporated 
villages are brought within the provisions of the law. 

Librarian and records. Section 4866. Unless the school dis- 
trict shall at the annual meeting elect some other person librar- 
ian, the clerk shall act as librarian and receive and have the care 
and custody of the books so distributed to the district, and shall 
loan them to teachers, pupils and other residents of the district 
in accordance with the regulations prescribed by the state su- 
perintendent. The clerk shall keep a record of the books re- 
ceived from the town clerk in a book furnished by the state su- 
perintendent through the town clerk; but during the time 
school is in session the library shall be placed in the school 
house and the teacher shall act as librarian under the super- 
vision of the clerk or of the librarian elected at the annual 
meeting. The state superintendent shall furnish to each town 
clerk suitable record books for his use and the use of the several 
clerks in his town. 

Farm bulletins. Section 486c. The superintendent of agri- 
cultural institutes shall deposit with the state superintendent 
a sufficient number of copies of the bulletins of such institutes 
to supply every public school library with one copy of each 
edition thereof, which bulletins the state superintendent shall 
send to the various town clerks, who shall distribute them to 
such libraries in their respective towns, from which they shall 
be loaned in like manner and under the same regulations pre- 
scribed for the loaning' of books therein. 

Librarian under township system. Section 48 6f?. In towns 
having the tov/nship system of school government, all duties 
prescribed for the town clerk in regard to township libraries 
shall be performed by the secretary of the town board of school 
directors. 

Under this law money for library purposes must be withheld an- 
nually by tlie town treasurer from the state school fund income or 
other funds. The amount withheld is equal to ten cents for each 
person of school age residing in the school districts whose school- 
houses are situated in the town, whether all such persons reside in the 
town or not. When the money for the library fund has been with- 
held, it is made the duty of the town clerk to purchase the books 
under the conditions imposed by the law. He has no discretion in the 
matter. 

In furnishing books to joint districts, as in withholding money, all 
difficulties are settled by ignoring the fact that there are joint dls- 



LiBIlAtllEg. llf 

tricts and treating each district as if it belonged entirely in the town 
in which its school-house is situated. The matter of equalizing thei 
expense incurred under this law through settlement with town treas- 
urers in case of joint districts must not be permitted to delay thd 
prompt purchase of books by the clerk. 



SELECTION OF BOOKS. 

In compliance with the law the state superintendent has prepared 
a list of books from which town clerks may select. This list may- 
be had on application to the department of public instruction. The 
books mentioned in this list are those which the experience of teach- 
ers has proved of the most w<»rth in inspiring pupils to read and study 
and in widening their information. 



SUGGESTIONS TO SCHOOL OFFICERS. 

The main objects of school libraries are to aid the teachers and 
pupils in extending and giving freshness to the regular studies of 
the schools and to train the children to read and enjoy good books. 
To secure these results the books should be kept in the school rooms 
during term time except when loaned by the teacher. 

Bach district board should provide a secure case, with lock and key, 
for keeping the books clean and safe, when not in use. This case 
should be kept clean and free from dust. The books, except very 
heavy ones which should lie on their sides, should stand upright on 
the shelves. The binding and stitching of books are injured and their 
general appearance marred by standing "lopsided." 

The teachers should receive the strongest support from the school 
district officers in their effoi'ts to properly care for the books. The 
town clerk shall, in a book provided for that purpose, open an account 
with each school district in the tovv^n to which books are distributed, 
charging each school district with all books delivered to the same; 
describing the books by the catalogue numbers, and giving the date 
when such books were delivered. Registers in which a complete rec- 
ord of the books belonging to the township library can be neatly kept 
by the town clerk and the district librarian are now furnished by the 
state superintendent. The record of books received, kept by the dis- 
trict librarian of any district, should correspond with the record re- 
lating to that particular district kept by the town clerk. These rec- 
ords should be compared at least once each year, and a complete list 
of all books destroyed or lost should be filed with the town clerk and 
a minute of each book so lost or destroyed should be made in the rec- 
ord of the district librarian. 

The district librarian should also keep in the record book an accu- 
rate account of all moneys collected from fines and penalties for de- 
tentions, injuries and losses of library books, and sums so collected 
should be paid by him to the town clerk to become a part of the town- 
ship library fund, and if not paid to him in full, he should retain the 
amount so due from each district, from the amount of public school 
money to which such district is entitled as its share of the apportion- 
ment of the school fund income; the amount so retained to be added 
to the sum annually withheld for township library purposes for such 
district^ and expended in the purchase of books for the ensuing year. 



llg BeiidOL Law^ op WiscoMiiM. 



RULES FOR PUBLIC SCHOOL LIBRARIES. 

The following regulations for the management of public school 11^ 
braries have been prepared by the state superintendent. The labels 
for pasting in each volume, giving the rules for loaning, can be ob- 
tained, on application, from the state superintendent. The regula- 
tions should be entered at length upon the records of the town: 

1. The town clerk shall distribute all books purchased for public 
school libraries among the several school districts of the town, in 
proportion to the amount of public school money withheld from each 
for that purpose. 

2. Before any distribution shall be made of any books purchased 
for public school libraries, the town clerk shall cause to be pasted on 
the inside of the cover of each volume, a printed label giving the name 
of the town to which the book belongs, the county in which the town 
is located, the number of the volume, and the regulations prescribed 
by the state superintendent relating to the loan of the same, and the 
fines for detention, injury or loss of the volume. 

3. The district clerk, or the librarian elected by the district, shall 
be the custodian of the books distributed to the district, shall loan 
the same to persons residing in the district, collect all fines incurred 
for detentions, injuries and losses of books, prescribed by the sitate 
superintendent, keep an accurate account of and pay over the same 
to the town clerk as required, and shall deliver to his successor m 
office all books, papers and property of every description belonging 
to the town and to the public school library thereof, within ten days 
after the election or appointment of such successor. 

4. The district clerk or librarian shall keep a catalogue of the books 
delivered to him by the town clerk. In connection with his annual 
report, the district clerk shall report the number of volumes, the 
amount of fines collected, and the condition of the library on the 30th 
day of June, to the town clerk. Wherever a suitable place for the 
safe keeping of books can be provided by the district board, the dis- 
trict clerk or librarian should place the library in the school-room, 
during term time, under the care and management of the teacher. 
The librarian shall give out and receive books on such days as the 
school board may direct, under the following rules: 

I. The teacher of the public school shall, while the school is In 
session, receive from the library such number of volumes as may be 
needed for use in the instruction of pupils and classes, shall be re- 
sponsible for the books drawn for that purpose and may loan them to 
pupils. 

II. No individual, except the teacher of the school, shall have from 
the library more than one volume at a time. Books may be loaned 
to minors, and the record account shall be kept with the parent, 
guardian or person with whom such minor resides. 

III. No volume shall be retained longer than two weeks under pen- 
alty of a fine of ten cents for the first week of such detention, and five 
cents for every week thereafter. The librarian shall report monthly 
all delinquencies to the school board. 

IV. Fines shall be assessed for injuries to books as follows: 

1. For an injury beyond ordinary wear, an amount proportionate to 
the injury, as estimated by the librarian. 

2. For the loss of a volume, the cost of the book; and if one of a 
set, an amount sufficient to replace it, or to purchase a new set. 

3. No person having incurred a fine shall be permitted to take books 
from the library until the fine is paid. 



LIBRARIES. 



11& 



V. The district clerk or librarian of each school district shall keep 
a record of all books loaned, in a book provided for that purpose, 
which shall show the name of the person to whom the volume is 
loaned, the catalogue number of the volume, the date of the loan, the 
date of return, and the amount of fine, if any, imposed and assessed 
by the librarian, for any detention, injury or loss of any book, and 
the date at which said fine was paid. The record shall be kept in the 
following form: 



Name of Borrower. 


No. of Book. 


Date of Loan. 


Date of Return. 


Fine, 























VI. Books may be loaned to minors and charged to their parents, 
guardians, or other persons with whom they reside, who shall be re- 
sponsible for the books under these regulations. 

VII. On the return of every book to the libi'ary the librarian shall 
examine ft carefully to ascertain what injury, if any, has been sus- 
tained by it, and shall charge any fine that may have been incurred by 
such injury, or by detention or loss of any book as provided in the 
rules. 



1^0 §ch66l laws 6b^ WISCONSIN. 



XL-COLLECTION OF JUDGMENTS AGAINST 
SCHOOL-DISTEICTS. 



Execution. Section 487. 'No execution sHall issue on any 
judgment against a school district except upon leave of the 
court upon motion after the failure of the remedies provided 
in these statutes. 

Method of collection. Section 488. Whenever a final judg- 
ment shall be obtained against any school district the judgment 
creditor, his assignee or attorney may file with the town, city or 
village clerk a certified transcript of such judgment or of the 
docket thereof, together with his afiidavit showing the amount 
due thereon and all payments, if any, and that the judginent 
has not been appealed from or removed to another court, or if 
so appealed or removed has been affirmed; and thereupon such 
clerk shall assess the amount thereof, mth interest from the 
date of its rendition to the time when the warrant for the col- 
lection thereof will expire upon the taxable property of such 
district, placing the same in a separate column on the next tax 
roll; and the same shall be collected and returned as town taxes 
are and paid to the party entitled thereto. In case of a judg- 
ment against a joint district, a transcript and afiidavit as afore- 
said shall be filed with the clerk of each town, city or village 
in which any part of the district is situated, and such clerk shall 
assess on the taxable property of the part of such disitrict situ- 
ated in his town, city or village the same proportion of the 
whole amount, with interest as aforesaid, as is assessed on such 
part for the other district taxes in such year. Such proportion 
may be ascertained by the certificate of the district clerk or 
the certificate of the several town, city or village clerks inter- 
ested to each other, showing the amount of other district taxes 
certified by the district clerk to each to^vn, city or village clerk. 
Whenever for any cause the amount which ought to be assessed 



JtJiDGM^NTS AGAINST SCHOOL DlSTRlOTS. 1^1 

on any such, district or part of distriotj as above provided, shall 
not be so assessed in the next tax roll after the filing of such 
transcript and affidavit, such clerk shall assess the same on the 
next or any subsequent tax roll within two years theireafter. 

Effect of appeal. Section- 489. Whenever an appeal shall 
be taken from such judgment against a district and a transcript 
thereof and affidavit shall havei been filed as above provided, 
the director may file a certificate of such appeal with the town, 
city or village clerk, and thereupon he shall suspend the assess- 
ment of such judgment until the determination of such appeal. 
If such judgment be thereafter affirmed, on proof thereof by 
certificate of the clerk of the appellate court, the town, city or 
village clerk shall assess the same, with interest, in the next tax 
roll. 

The property belonging to the district is not liable to levy or sale 
upon an execution. Under the rendition of any judgment against a 
school district, a transcript of the same is to be filed with the town 
clerk, or, if the district be a joint district, with the clerK of each 
town in which such district is in part situated. The town clerk is 
then required to assess the amount of the judgment, with interest 
thereon, in a separate column, in the next assessment roll, and the 
tax, when collected, shall be paid to the party entitled thereto. 



1^2 SCHOOL LAWS OF WISCONSIN. 



XIL-FREE HIGH SCHOOLS. 



How established. Sectioist 490. Any to^vii, village or city, 
school district or sub-district wliicli contains witliin its limits 
an incorporated village or wliich lias a graded school of not less 
than two departments may establish and maintain not exceeding 
two high schools in the manner and with the privileges herein 
provided; bnt no such school shall be established or maintained 
unless twenty-five persons of school age, . resident of the town, 
city, village, school district or sub-district pass a satisfactory ex- 
amination in the branches required to be taught in the common 
schools and are prepared to begin a high school course. The 
question of establishing such schools may be submitted by the 
town, district, sub-district or village board or common council 
to the legally qualified voters at any annual or special meeting 
or election upon written resolution therefor, proposed for 
adoption; provided, notice of such purpose embodying 
such resolution be given in the manner provided for 
notifying a special district meeting, town meeting or char- 
ter election. In the case of a sub-district the meeting may 
he called by the clerk thereof. The vote shall be taken by bal- 
lot and canvassed according to the statutes for conducting elee- 
tions in such municipality, those ballots in favor being written 
or printed, "for high school;" those opposed, "against high 
school." If the resolution be adopted, such town, district, sub- 
district, village or city shall constitute a high school district. 
But tliis section shall not apply to high schools already estab- 
lished. 

Joint hig^h school districts. Section 1. (Chapter 57, Laws of 
1899, amending section 491, Statutes of 1898.) Two or more 
adjoining towns or school districts, or one or more towns 
or school districts, and an incorporated village or city; 



P^" ■' Mil iiiok ^ckoOLi. ' 12^ 

■when the same together will make a district of con- 
tiguous territory; may unite in establishing and maintaining 
any such high school. The resolution proposing the same shall 
be approved and submitted and the notice of election signed by 
at least a majority of the supervisors of each town, the directors 
of each school district, the common council of such city and 
trustees of such village, if any, and the election shall be noti- 
fied and conducted in each town, school district, city or village 
as provided in the preceding section. Such resolution shall not 
be adopted unless a majority of the votes cast in each such town, 
school district, city or village be in favor thereof. The votes 
shall be canvassed at the first election, and all subsequent elec- 
tions in the several towns as at town meetings, in the several 
school districts as at annual school district meetings, in the 
city, if any, as at a charter election, and in the village, if any, 
as at village elections ; and the supervisors of the several towns, 
directors of said school districts, common council of such city 
and trustiees of such village shall, within one week after such 
election, meet and canvass the votes and certify the result to the 
town clerk of each town, the clerk of each school district the 
clerk of such city and to the village clerk of such village. If 
such resolution be adopted, the town, or towns, school district or 
school districts and city and village, so voting, shall constitute 
a joint hig'h school district. 

Certificate. Section 491a, (Statutes of 1898, as amended by 
Chap. 214, 1899, as amended by Chap. 345, Laws of 1901.) 
Whenever a free high school shall have been established and 
maintained as provided in sections 490 and 491 for at least 
three months, and the proper board shall have made the report 
required by section 496 in order to obtain the aid furnished by 
the state in maintaining free high schools, they shall append 
thereto a certificate that such school is established and main- 
tained in a district composed of a town; of a town and an in- 
corporated village within the town ; of two or more to^vns ; or 
of two or more towns and an incorporated village in one or in 
each of them. 

State aid. Section 491&, (Statutes of 1898, as amended by 
Chap. 214, Laws of 1899, as amended by Chap. 345, Laws of 
1901.) Upon receiving the reports and appended certificate pro- 
vided for in section 490, it shall be the duty of the state super- 



1^4 SCHOOL LAWS OF WlSCONSI^T. 

intendent to make a separate and distinct class of the scliook 
thus establislied and maintained in the districts designated in sec- 
tion 491a as amended by this act, and each such school shall be 
entitled to receive from the general fund of the state, annually, 
one-half the amount actually expended for instruction therein; 
and said superintendent shall fix the amount to be paid to each 
of said high schools and certify the same to the secretary of state 
at the time and in the manner he is now required to fix and cer- 
tify to him the amount to be paid to high school districts. On 
such certificate, at any time after the first day of December, the 
same shall be paid to the district treasurer out of the state treas- 
ury ; but the whole amount so paid shall not exceed twenty-five 
thousand dollars in any one year to this class of free high schools, 
and if more is demanded by such districts they shall be paid 
proportionally.- The secretary of state shall annually include 
and apportion in the state tax all such sums as shall have been 
so .paid, in addition to the amount authorized to be paid in aid 
of free high schools by section 496 and in addition to all other 
sums to be levied for the year. 

This law stinkes out the woi'cls "in towns or in towns or villages where 
no graded school exists" so that hereafter high school districts com- 
prised of an entire town or of two or more towns will share in greater 
proportion in the free high school apportionment than heretofore In 
those cases where there are "graded" schools in the town high school 
district. 

By this act an annual appropriation of not more than twenty-five 
thousand dollars is made to encourage the establishment and main- 
tenance of free high schools in towns where the high school district 
is comprised of one or more towns. 

This was the principal purpose of the first act proffering aid to free 
high schools. But few of these places took advantage of the assist- 
ance thus tendered, and the remainder of the appropriation is now 
devoted to the high schools established in connection with graded 
schools. 

In organization, management, and methods of application for aid, 
these schools will conform to the law heretofore existing in relation 
to free high schools. 

Six different organizations are authorized to establish and maintain 
free high schools, to-wit: a town, two or more towns, an incorporated 
village, an incorporated village and adjoining town, a city and a school 
district containing a village or a graded school of two departments. 

The first step in organizing any one of these schools is the posting 
of notices of a purpose to vote on the question of the adoption of the 
system as specified in form 49 of this code. The town board, village 
board, district board, or the common council of the city, must notify 
the electors of a purpose to hold an election for voting on the resolu- 
tion that is recited in the notice. When two or more towns purpose 
to imite in establishing a free high school at least two members of 
each board interested must sign the notices. 

The second step is to take a popular vote by ballot^ and if a ma- 



' ' FREE HIGH SCHOOLS. ' 125 

jority of the ballots cast read "For high school," the resolution must 
be declared carried and the action should be recorded. A director, a 
treasurer and a clerk should be elected, in conformity to Sec. 492. But 
in single districts, the district board becomes ex-offlcio the free high 
school board, and in cities that are under the jurisdiction of county 
superintendents, the board of education likewise becomes the free 
high school board. When two or more towns unite in forming a free 
high school district a special election of free high school officers must 
be held subsequent to the vote on the organization of the high school. 
Due notices of such election must be posted by the respective town 
boards. 



District officers. Section 492. The officers of each such dis- 
trict shall be a director, treasurer and clerk, whose terms shall 
he each three years, beginnin.2; with the annual town meeting, 
and until his successor shall have been chosen ; provided, that 
at the first election the clerk shall be chosen for one year, the 
treasurer for two years and the director for three years, and all 
of said officers may be chosen first at the same election at which 
the question of establishing a high school is submitted, to take 
their offices if the resolution therefor be adopted. Thereafter 
such officers shall be elected at the annual to^vn meeting or char- 
ter election. The votes cast shall be canvassed and the result 
declared and certified as provided in the preceding sections. 
But in all cities not under a county superintendent Avhich now 
constitute free high school districts or which shall hereafter 
adopt the resolution provided for in section 490 and become 
free high school districts, the board of education in each such 
city shall be the high school board and the city treasurer shall 
be ex officio the treasurer of the high school district unless the 
board of education embrace a treasurer; and in all districts 
maintaining a graded school of not less than two depart.ments 
which now constitute free high school districts or which shall 
hereafter adopt said resolution, the district board in each shall 
be the high school board and the district treasurer shall be the 
treasurer of the high school district. Whenever a subdistrict 
shall vote to establish and maintain a free high school, such sub- 
district shall constitute ti free high school district, shall elect a 
free high school board, the clerk for one year, the treasurer for 
two vears and the director for three years ; thereafter one offi- 
cer shall be elected annually in place of the one whose term ex- 
pires at the annual meeting of such sub-district, and such high 
school board shall perform all the duties and have the same au- 
thoritv as high school boards in towns or districts. The clerks 
shall certify all taxes levied for high school purposes to the town, 



126 SCHOOL LAWS OP WISCONSIN. " 

city or village clerk, who shall apportion the same upon the tax- 
able property of the sub-district, and the treasurers of such mu- 
nicipality shall collect the taxes thus apportioned and pay over 
the same to a high school treasurer and return the delinquent 
taxes to the county treasurer as in other cases. Where a high 
school district consists of two or more towns or a village and one 
or more towns, the officers thereof shall be elected for the same 
terms as in other districts by joint vote of the town boards of 
such to-wns or the board or boards of the town or towns and 
village which have united in forming such district. Such town 
boards shall hold their first meeting to elect officers at two o'clock 
P. M. on the first Tuesday following the town meeting at the 
office of the clerk of the town having the largest population, and 
thereafter shall meet for such purpose at the same time at such 
place as may be determined upon. The first meeting 
of the board or boards of a town or towns with the board of any 
village which forms such a district shall be held at two o'clock 
P. M. on the first Tuesday next following the village election at 
the office of the village clerk; all subsequent meetings shall be 
held at the same time at such place as may be determined upon. 
A majority of all the members of such boards shall be necessary 
to constitute a quorum. The secretary of the meetings of such 
boards shall certifv the names of the officers of the district 
elected thereat to all the clerks of towns and the clerk of the vil- 
la'ge in the district. The officers so elected shall have the same 
authority, be charged with the same duties and be under the same 
liabilities as other officers of such districts. 

High school board — Township system. Chapter 253, laws of 
1901. SECTioisr 1. (492(2) The town board of school directors 
in any township now organized or which may be hereafter or- 
ganized under the township system of school government, shall 
be and is hereby constituted the free high school board for the 
town as a free high school district. In such cases the secretary 
of the town board of school directors, shall be ex-officio clerk, 
the president of the board shall be ex officio director, and the 
town treasurer shall be ex-officio treasurer of the free high school 
board of said district. Said board is hereby authorized to per- 
form all and singular the duties prescribed by law for free high 
school officers and boards, and the function and duty of free 
high school boards heretofore organized and acting as such 
in a free high school district consisting of a town having the 
township system of school government, shall cease and be of no 



FREE HIGH SCHOOLS. 127 

effect on and after the lawful surrender of records, papers, mon- 
eys and other property as hereinafter provided. The records 
and accounts of the board created by this act shall be kept sepa- 
rate and distinct from the records and accounts which the said 
board are required to keep as a town board of school directors. 
The free high school board in any existing, free high school dis- 
trict composed of a single town organized under the township 
system of school government, is hereby authorize.d and directed, 
immediately upon the passage of this act, to deliver to the care 
and custody of the free high school board herein provided for in 
such cases, all records, papers, money, and other propertv of the 
free high school district, and the free high school board herein 
provided for shall accept the care and custody of such records, 
papers, money, and other property and use them for and in be- 
half of the free high school district in conformity to law. 

Officers' duties; other statutes apply. Section 493. ■ Such of- 
ficers shall constitute the high school board, and shall conduct 
the affairs of the high school district on the same general plan 
provided for a school district, and possess, with respect to such 
high school district, all the powers and be charged with all the 
duties conferred and imposed by these statutes on the district 
officers and district board of a school district applicable to such 
high school district; the treasurer shall give a like bond, to be 
approved and filed in a similar manner. The high school dis- 
trict clerk shall make a similar report to that required by section 
462, omitting the first subdivision. The board may grade such 
school and establish the branches of study to be taught therein, 
under the advice of the state superintendent. Every forfeiture 
and punishment for neglect or violation of duty in a school dis- 
trict officer shall apply to a high school district officer for like 
neglect or violation. The reports of free high schools in cities 
not under a county superintendent shall be included in the re- 
ports from such cities to the state superintendent. 

The officers, if elected, are to bear the same names and are elected 
for the same terms as like officers in school districts. In cities inde- 
pendent of the county superintendent, the board of education, — and in 
single districts, the district board, or under the township system the 
town board of school directors becomes the free high school board, 
without action on the part of the people at the time of voting on the 
adoption of the system. 

The duties of the several officers and of the boards are similar to 
those of district officers and boards. The clerk is to report directly 
to the county superintendent, but in cities independent of that officer, 



128 SCHOOL LAWS OF WISCONSIN. 

the report must be made by the city superintendent or by the board of 
education, and incorporated in the report of other matters to the 
state superintendent. Section 496 provides for a financial report to 
be made in duplicate for each free high school directly to the state 
superintendent. 

Schools free ; teachers' qualifications. Section 494. All such 
high schools shall be free to all pupils resident in the district. 
Every principal of such school shall, in addition to his qualifica- 
tions as teacher of a common school, be a graduate of some uni- 
versity, college or normal school, hold a state certificate or pass 
an examination in the studies required to be taught in any such 
school ; provided, the state certificates authorized by law and the 
certificates authorized by section 496a shall qualify their holders 
both as principals and as teachers of common schools ; and each 
principal and assistant teacher in a free high school shall be eli- 
gible to teach only on approval of his certificate by the state su- 
perintendent ; and the high school board or boards of education 
having charge of such schools shall determine, with the advice 
and consent of such superintendent, the course of study and min- 
imum standard of qualification for admission to the same. 

The stale superintendent will require each assistant in such schools 
to furnish evidence of his qualifications to teach every branch assigned 
him in the school course. Every assistant in a free high school who. 
does not hold a state certificate or a countersigned diploma should 
therefore secure the superintendent's approval of his qualifications be- 
fore the beginning of the fall term of school. Only thus can he make 
a legal contract, or the school be entitled to the aid provided by law. 
Each assistant should send to the state superintendent a local certifi- 
cate that includes all the branches he is required to teach, and which 
continues in force during the time for which he wishes his certificate 
to be approved, should he desire to teach branches that are not in- 
cluded in the highest certificate that the local authority is authorized 
to issue, the state superintendent will provide for his examination in 
such topics. 

Diplomas and standings from reputable colleges and state normal 
schools not in the state will receive due credit, if accompanied by 
proper local certificates. (See countersignature of diplomas.) 



Residents of towns and villages without high schools may attend 
high schools in other districts. (Chapter 188, Laws of 1901.) 
Section 1. The free high school board of any free high school 
district organized nnder the laws of this state, shall admit to 
the high school under its control, whenever the facilities for seat- 
ing and instruction will warrant, any person of school age pre*- 
pared to enter such school, who may reside in any town or in- 
corporated village, but not within any free high school district. 



FREE HIGH SCHOOLS. 129 

Persons so admitted sliall be entitled to the same privileges and 
be subject to the same rules and regulations as pupils of the 
school who are residents of the free high school district. 

Section 2. Whenever persons not residing in any free high 
school district as herein provided, enter any free high school, 
the free high school board of that district shall be entitled and 
is hereby authorized to charge a tuition fee for such pupils not 
to exceed fifty cents per week. On or before the first day of 
July in each year, the secretary of the free high school board 
shall make a sworn statement to the clerk of the city, town or 
village from which any person may have been admitted to said 
free liig'h school. Said statement shall set forth the residence, 
name, age and date of entrance to such school, and number of 
months attendance during the preceding school year of each 
person so admitted from such city, town or Aallage; this state- 
ment shall show the amount of tuition which, under the pro- 
visions of this act, the district is entitled to receive for each per- 
son reported as having been a member of the school from such 
city, town or village, and the aggregate sum for tuition for all 
persons so admitted from each city, town or village. 

Section 3. The village clerk shall enter upon the tax roll of 
the village for the ensuing year such sums as may be due for 
tuition on account of residents of the village who have attended 
such free liig'h school or schools, and the amounts so entered 
shall be collected when and as other taxes are collected, and 
shall be paid by the village treasurer when so collected, to the 
treasurer of the free high school board or boards of the district 
or districts where such persons have attended the free high 
school or schools. • i 

Section 4. The clerk of any town not having within its ter- 
ritory a free high school district, shall enter upon the tax roll 
of the to^vn for the ensuing year such sums as may be due for 
tuition on account of residents of the town Who have attended 
such free high school or schools, and the amounts so entered 
shall be collected when -and as other taxes are collected, and 
shall be paid by the town treasurer when so collected, to the 
treasurer of the free high school board or boards where such per- 
sons have attended the free high school or schools. 

Section 6. The tov^ni clerk of any town or city, a portion of 
which constitutes or forms a .part of a free high school district, 
shall enter upon the tax roll for that part of the town or city, 
not within a free high school district, such sums as may be due 
for tuition on account of residents of the portion of the town or 
9 



130 SCHOOL LAWS OF WISCONSIN. 

city, iliat have attended such free high school or schools, and 
the amounts so entered shall be collected when and as other 
taxes are collected, and shall be paid by the town or city treas- 
urer when so collected to the treasurer of the free high school 
board or boards of the district or districts where such persons 
have attended the free high school or schools. 

This statute is far-reaching in its application. Under it all per- 
sons of school age prepared for admission to a high school whether 
residing in districts having free high schools or in districts having 
no free high schools are privileged to secure the advantages of a high 
school education without the payment of tuition. The plan of pro- 
cedvire is made clear in the law itself. 

Taxes, apportionment of. Section 495. The high school 
board shall annually, on or before the second Monday in Sep- 
tember, meet and determine the amount necessary to be raised 
by tax for the support of such high school, and certify the same 
to the proper town, city or village clerk; if a joint high school 
district they shall certify to the clerk of each to^vn or to such 
clerk and the village clerk the projDortionate amount thereof 
to be raised by such toA^oi or village, such proportion to be deter- 
mined according to the total valuation of all the: taxable prop- 
erty therein as equalized by the^boards of review, statements of 
which shall, as soon as the assessment is complete, be sent by 
the respective town or village clerks to the clerk of such disitrict. 
Such tax shall be apportioned on the next tax roll by such clerk 
or other officer maldng the same, and collected and returned as 
other taxes, and paid to the Idgh school district treasurer. Such 
moneys shall be paid out only on orders drawn and counter- 
signed as preiscribed in case of school districts. Any town 
Avhich is a single high school district may, by resolution adopt- 
ed at the annual to^wn meeting, limit the amount to be raised 
for high school purposes during snch year. In case: of a ioint 
high school district, the town boards of the several towns oi* of 
the town and village or towns and villages embraced may by 
joint resolution adopted by all such boards before the first day of 
July, likewise limit the amount to be raised therein. 

The certificate of the amount of tax necessary to be raised is to be 
made in September. Towns having a high school may, by vote, limit 
the amount of tax; but otherwise the amount of annual tax levy for 
this purpose is finally determined by the board. 

The taxes levied by the board of a joint free high school district 
cannot be affected by the action of the board or of the electors of any 
town in the district. If the amount to be raised is legally appor- 
tioned to the town, the clerk thereof must include it in the tax roll, 
notwithstanding directions from the town board and the electors at 



FREE HIGH SCHOOLS— STATE AID. 131 

the town meeting to the contrary. "The refusal of one town or any 
number of towns (at least any number less than the whole), in a joint 
free high school district, to levy and collect taxes on the taxable prop- 
erty in any such town to pay its due pi-oportion of the e:spenses of 
maintaining the school when such proportion has been lawfully 
ascertained, cannot disorganize or dissolve the joint district or relieve 
the clerk of any such defaulting town of the duty of inserting the 
proper sum in the tax roll of his town." State v. Lamont, 86 Wis., 563. 

Borrowing money. (Chap. 34:2, Laws of 1901.) For the 
l")nri30ses expressed in section 471: of the statutes of 1898 and 
chapter 40 of the hiws of 1901, any high school district board 
is lierebv authorized and empowered to borrow money wdien- 
ever directed by the electors of snch liigli school district assem- 
bled at a meeting regularly called and held for that purpose, 
pursuant to the provisions of section 427 of the statutes of 1898. 
The payment thereof shall be provided for by said board by a 
tax to be raised and certified as provided in this section. 

State aid, how obtained. Sectioiv^ 496. (Statutes of 1898, as 
amended by ( diap. 214, Laws of 1899, as amended by Chap 345, 
Laws of 1901.) Any high school district which shall have 
established a free high school according to the provisions of these 
statutes, and shall have maintained the saine for not less than 
three months in any school year, shall be entitled to receive 
from the general fund of the state annually one-half of the 
amount actually expended for instruction in its high school 
during such year over and above 'the amount required by law 
to be expended for common school purposes, but not to exceed 
in one year five hundred dollars to one district: pro^dded, this 
limitation shall not apply to the class of high schools designated 
in section 491a, as amended by this act. To obtain such aid the 
high school board, or in cities not under a county superintend- 
ent, the president and secretary of the board of education and 
the treasurer, shall on or before the first day of ISTovember, re- 
port in duplicate to the state superintendent, under their oaths 
the amount actually expended for instruction during the pre- 
vious school year, specifying the several items thereof, with the 
date and the object of each fully. Thereupon said superin- 
tendent shall fix the amount to be paid such district and certify 
the same to the secretary of state with one of such reports an- 
nexed ; provided, the state superintendent may withhold such 
certificate from any district for reasons based upon failure to 
comply with the law relating to free high schools which reason 
he shall transmit to the school board thereof on or before the 



132 



SCHOOL LAWS OP WISCONSIN. 



tliirteentli day of tlie next succeeding June. On sucli certifi- 
cate, at any time after the first day of December, the certified 
amount shall he paid to the district treasurer out of the state 
treasury. The secretary of state shall annually include and 
apportion in the state tax all such sums as shall have heen so 
paid. Whenever, by any neglect or omission, any free high 
school shall fail to have appontioned to it its share of state aid, 
the state superintendent may, after the time hereinbefore fixed 
for such apportionment by him, fix an amount ten per centum 
less than the amount which such school would have been en- 
titled to had it complied with the provisions of this section, 
and certify the same to the secretary of state vnth the report 
of such district annexed thereto, and the secretary of state shall 
thereupon draw his warrant for such amount or amounts 
in favor of such district. The whole amount annually paid 
under the provisions of this section shall not exceed seventy- 
five thousand dollars, and if more be demanded by such dis- 
tricts they shall be paid proportionally; provided, that if the 
whole amount authorized to be paid annually in aid of free 
high schools as provided by section 49 1& as amended by this 
act, is not demanded or expended under the provisions of that 
section then the unexpended balance of the amount therein an- 
nually authorized to be paid in aid of such schools may be added 
to and apportioned among the free high schools provided for 
in sections 490 and 491; but no more than one hundred thou- 
sand dollars sliall be apportioned to both classes of schools in 
any one year. 

By this amendment, the appropriation heretofore allotted to the free 
high schools of Wisconsin is doubled and one hundred thousand dol- 
lars instead of fifty thousand dollars, as heretofore, is, by this act, to 
be hereafter apportioned to the high schools. 

This section also authorizes the state superintendent to withhold 
the state aid from any free high school district for failure to comply 
with the free high school law, and the reasons for so ■withholding such 
a.id shall be transmitted in writing to the free high school board on or 
before the 13th day of the preceding June. This clause is designed to 
protect those schools complying with the law from loss of money in 
the pro rata apportionment. 

The state superintendent is required by law to approve the qualifi- 
cations of each principal and each assistant in the free high school, 
and to approve its course of study. If deficiencies shall be known to 
exist in any school in these or other essentials for the successful work 
of the school, the state superintendent will correspond with the board 
In relation thereto. If the subjects of inquiry are found to be prac- 
tices that are in neglect or defiance of laws relating to these schools, 
the state superintendent will transmit to the free high school board 



i^REE HIGH SCHOOLS— COURSii OP STUD¥. ^33 

notification of a purpose to withhold the certificate from the secretary 
of state, as provided in the amendment. 

Every free high school may. share in the aid offered by this section 
if it shall have maintained a school taught by qualified teachers for 
three months of the year for which aid is sought; shall have estab- 
lished and maintained a course of study approved by the state super- 
intendent; shall have expended during the year for instruction in the 
high school, exclusive of the cost of maintaining a common school, an 
amount equal to twice the sum claimed as aid, and shall report as re- 
quired by this section. 

Supervision and course of study. Section 496a, (as amended 
by Chap. 439, Laws of 1901). The state superintendent 
shall prepare a course or courses of study suitable to 
be pursued in free high schools, publish the same and 
furnish the same upon application. Pie shall exercise such Der- 
sonal supervision and make such personal inspection of the 
work of all such schools as tLey seem to require and the other 
duties of his office may warrant; he shall examine or cause to 
be examined all teachers of high schools, required by law to 
pass special examinations to qualify them for teacliing in high 
schools, and grant certificates to such as pass examinations 
satisfactorily, wliich certificates shall be in such form and for 
such time as he may prescribe, and shall authorize the holder 
to teach in such special place or places, or in the whole state, 
as the qualifications of the candidate may warrant. Each 
free high school shall offer at least a twelve weeks' course of 
instruction each year in the theory and art of teaching; in the 
organization, management, and course of study of ungraded 
schools; and in the duties of citizens in the organization and 
administration of local school systems. Such a course of in- 
struction shall bo open to all students in this school and a sat- 
isfactory standing in the work of this course shall be a con- 
dition precedent to the countersignature of a diploma held by 
a graduate of the school as provided in section 7 of this act. 
Said superintendent ' shall furnish suitable blanks for annual 
and special reports for all such schools, which shall require re- 
tiu-ns as to the number, age and sex of all pupils enrolled, the 
number in each class or year in the course of study, the num- 
ber pursuing English branches only, the number completing 
the course of study each yeiar and such other sitatistics as may 
be deemed necessary. 

Courses of study are furnished by the state superintendent, which 
indicate the scope of the work required by this department. Such 



134 SCHOOL LAWS OF WISCONSIN. 

modifications as may be thought necessary to adapt these courses to 
local needs require the approval of the state superintendent. 

When teachers of free high schools are required to teach branches 
which are not embraced in any of the certificates which the iocai 
superintendents are authorized to issue, the state superintendent will 
provide for their examinations in such topics, but he will require 
teachers to seek certification from local examiners in all branches in- 
cluded in the first grade certificate. 

This section will also be found printed in its connection with chapter 
439. 

Manual training. Section 4966. Aiw board having eliarge 
of a free high school or of a high school having a course of 
study equivalemt to the course or courses prescribed by the 
state superintendent for such schools may establish and main- 
tain a department of manual training in connection with the 
school under its management. The expense of maintaining 
such department shall be provided for in the same manner as 
other expenses of maintaining high schools, and such depart- 
ment shall be under the management, direction and control 
of such board. The state superintendent shall, so far as his 
other duties may warrant, give such inforiliation and assistance 
as may seem necessary in organizing and maintaining such de- 
partments, and in arranging schemes and outlines of work; 
and with the aid of the inspector of high schools shall have tliu 
general supervision of all manual training departments estab- 
lished under this section; shall from time to time inspect the 
same, make such recommendations relating to their manage- 
ment as he may deem necessary, and make such report thereon 
as shall give full information concerning their number, char- 
acter and efficiency. The state superintendent shall establish 
a standard of qualiiication for all teachers in such department, 
and may grant special certificates to sucli apjDlicants as are fully 
cpialified to instruct in special lines of manual work, which cer- 
tificates shall be in such form and for such time as he may pre- 
scribe, and shall be regarded as cpialifying the holders thereof 
to teach in any manual training department. 

State aid for manual training- department. Section 496c, 
(as amended by Chap. 273, Laws of 1899). Any high 
school whose course of study, or outline of work in 
manual training has been approved by the state superintendent, 
and whose teacher has been qualified may, upon application, 
be placed upon an approved list of schools maintaining manual 
training departments. A school once entered upon such list 



^EE HIGH SCHOOLS— MANUAL TRAINING. 135 

may remain there and be entitled to state aid so long as tlie 
scope and character of its work are maimtained in such manner 
as to meet the apprOiV^ of such sux^erintendent. On the first 
day of July in each year the clerk of each school board main- 
taining a school on the approved list or the city superintendent 
of any city where such an approved school is maintained, shall 
report to the state superintendent in such form as may he re- 
quired, setting forth the facts relating to the cost, of maintain- 
ing the manual training department thereof, the character of 
the work done, the number and names of teachers employed, 
' and the leng-th of time such department was maintained during 
the pi-eceding year. And upon the receipt of such report, if 
it shall appear that the department has been maintained in a 
saitisfactory manner for a period of not lees than six months 
during the year, the said superintendent shall make a certifi- 
cate to thait effect and file it with the secretary of state. Upon 
receiving such certificate the secretary of state shall draw his 
warrant for two hundred and fifty dollars payable to the treas- 
urer of the district or corporation maintaining the school; pro- 
vided, that the total amount expended for such purpose shall 
not exceed five thousand dollars in any year. 

This is an amendment to section 496c, of the Wisconsin statutes, 
and provides that twenty manual training departments in connection 
with high schools may be established and maintained subject to the 
approval of the state superintendent. The law formerly provided for 
but ten such schools. The appropriation remains the same, two hun- 
dred and fifty dollars to each manual training school lawfully estab- 
lished and maintained. 

This law recognizes manual training as a legitimate part of the 
work of public schools, and authorizes departments for manual train- 
ing to be maintained by taxation, as other departments of public 
schools are maintained. The authority to maintain such departments, 
it will be observed, is limited to such corporations and districts as 
maintain high schools with courses of study equivalent to the courses 
prescribed for the use of free high schools. 

SCOPE OF THE WORK. 

(a) The scheme of work should cover at least two years of time, 
and should be of a character to afford advantages to both sexes and all 
classes represented in the school. 

(b) Specfflcally, the scheme should include instruction and exer- 
cises in free hand and mechanical drawing. 

(c) Instruction and exercises in bench work in wood — sawing, plan- 
ing, tenons, mortises, joinery, inlaid work, etc., etc. 

(d) Instruction and exercises in lathe work in wood — wood turning, 
face-plate and center turning, polishing and simple designing. 

(e) Instruction and exercises in blacksmithing — elementary pro- 
cesses of the forge — welding, forging and tempering. 



1^^ ^CtiOOL LAWS OF WI^CONglN. 

(f) Latlie work in metal — metal turning, use of machine and hand 
tools in metal work; exercises devised to develop uses of tools. 

The above lines of work may be expanded almost indefinitely^ as 
facilities are provided, and the course is extended, to include pattern- 
making, moulding, casting, etc.; by introducing exercises in wood 
carving, in the use of carving tools in ornamental line work, and the 
shaping of simple designs in low relief. Drawing, also, may be ex- 
tended to include architectural drawing and designing. 

(g) Instruction and exercises in sewing — forms of stitches, piecing, 
hemming, darning, mending, patching, making. As facilities are pro- 
vided, cutting, fitting and making garments in cotton, wool and other 
fabrics may be voluntarily added. 

(h) Instruction and exercises in cooking — study of foods, dietetic 
values and combinations; uses and processes of cooking; preparation 
of common foods — soups, meat, vegetables, bread, tea, coffee, cocoa, 
cakes, pies, puddings, etc., etc. 

QUALIFICATIONS OF TEACHERS. 

It is deemed unwise at present to determine that teachers in manual 
training departments shall pass examinations in literary branch^es 
or mechanical proficiency. Each applicant will be judged as to fitne'ss 
by literary and mechanical training, and upon evidence of intelligent 
apprehension of the methods, aims and purposes of manual training. 
It is to be constantly borne in mind that manual training is a form 
of education; a method by which the senses of sight, hearing, touch, 
and all muscular energy are called into activity, to cultivate precision 
and multiplicity of perception, the correlation and co-ordination of 
processes of reasoning and reflection, which result in variety and ac- 
curacy of judgment. The product of these processes is higher, 
broader mental culture, as well as mechanical skill; that the latter 
should be the sign and token of the former; and that only such as dis- 
cern this significance in manual training should be entrusted with the 
management of such departments. The manual training schools, and 
the mechanical engineering department of the university of our own 
state and those of other states, should furnish an adequate supply of 
competent teachers. ij 

EQUIPMENT AND WORK REQUIRED. 

The equipment and work should be progressive. No attempt should 
be made to fully equip or determine the work of the department at 
once. Bench work and lathe work in wood, with free hand and me- 
chanical drawing should be inaugurated the first year. This is all 
that will be required if sewing, cooking, and advanced work in metal 
are outlined in the scheme of work to be commenced not later than 
the second year. Each scheme, as presented for approval, will be con- 
sidered in relation to the locality for which it is designed. 

The question has arisen whether manual training should be In- 
cluded in and made a part of a definite and prescribed course of study 
in the high school. This is the practice of some schools, that have 
literary and manual training courses. But it is not deemed wise to 
require this. A limit should be made by local regulation, confining 
manual training to a maximum of four and one-half hours per week, 
per pupil, which will include the drawing. Programmes should be 
so arranged that this work can be taken without interference with 
recitations in literary courses. 



APMaLS. " 187 



XIIL-APPEALS. 



[ • ■ ? 

Appeals to state superintendent. Section 497. Any person 
conceiving liimself aggrieived by any decision made by any 
school district meeting or by any town board in forming or alter- 
ing or in refusing to form or alter any school district, or by any 
other thing done by any officer or board under the provisions of 
this chapter, may appeal to the state superintendent. Such ap- 
peals shall be taken and heard in the manner prescribed by him 
and he shall make and file his decision within thirty days after 
the hearing thereof is closed. The decision appealed from shall 
be operative until the same shall be reversed ; and no decision 
on appeal to said superintendent made by him after the lapse 
of thirty days from the time the hearing thereof is closed shall 
be effectual. 

Section 49 Ya. (Chap. 184, Laws of 1901.) 'No review of 
, the decisions of the state superintendent on matters decided by 
him shall be had unless proceedings by certiorari or other appro- 
priate action be brought within thirty days after such determin- 
ation by him, or in cases heretofore decided by him, within thirty 
days after this act takes effect. 

The purpose of the comments in the preceding pages has been to 
make plain the ai^plication of the statutes to the management of the 
affairs of school districts. It should be borne in mind that the state 
superintendent can render no decision on controverted matters, with- 
out giving to all persons interested an opportunity to be heard. An 
opinion based on ex parte statements is valid only in so far as these 
statements represent fully and fairly the facts in the case. 

The law commits the formation and alteration of school districts 
and the management of public schools to the local boards and com- 
munities in which, they are situated. A multitude of facts, pertinent 
to a wise direction and control of school-district affairs, are known 
by, or are easily accessible to the local authorities, which are obtain- 
able, if at all, only with very great difficulty by a distant tribunal. 
Where the local boards and communities are guided by a single pur- 
pose to subserve the public good, it will seldom be found necessary 
to take the appeal t<fr which the section provides. It often happens. 



12S School laws op Wisconsin. 

however, that the best interests of schools are sacrificed to local feel- 
ing or to personal interests. Persons aggrieved by such action may- 
appeal to the state superintendent, but in doing so the following rules 
must be observed: 

RULES RESPECTING APPEALS. 

1. An appeal must be in writing, addressed to the state superintend- 
ent, and signed by the appellant, but no particular form of statement 
is necessary. 

2. The appeal should be as brief as is consistent with a complete 
statement of the case. It should set forth the action or proceedings 
appealed from, and the reasons why such action should be set aside. 
If the appeal is founded upon the refusal of the supervisors to act, the 
reasons why the action asked for should have been taken by such su- 
pervisors, must be clearly shown. If the appeal relates to the forma- 
tion or alteration of a district, a map or plat of the district or dis- 
tricts affected by the order from which the appeal is taken, showing 
the boundaries, location of the schoolhouses and the situation of the 
marshes, rivers and bridges of the territory in question should be 
presented with and made a part of the appeal. A statement showing 
the assessed valuation of the district or districts, or of the several 
parts of a district divided, and the number of children over four and 
under twenty years of age residing in each, should accompany the 
map, and form a part of the papers in the case. When the papers are 
completed, they should be fastened together, numbered or lettered 
for reference, and an affidavit attached, setting forth that the state- 
ments therein made are true, and that the map, list of children, and 
valuation of property are correct. The affidavit may be in form as 
follows: 

A. B., being duly sworn, deposes and says that the statements made 
in, the above appeal, all and several, are true, according to the best of 
his knowledge and belief, and further that the accompanying map, 
list of children, and valuation of property are correct.* 

(Signed) , 

Appellant. 

Sworn to and subscribed to before me this day of , 190 — . 

C. D., 
Justice of the Peace. 

3. A complete and correct copy of the appeal and affidavit, and all 
accompanying papers should be made, to which another affidavit 
should be attached^ stating that they are correct copies of the papers 
in the case. 

The form of the affidavit may be as follows: 

A. B., being duly sworn, deposes and says that the above is a full 
and correct copy of an appeal, and all accompanying papers, designed 
to be sent to the state superintendent. 

(Signed) • 

Subscribed and sworn to before me this day of 190 — . 

C. D., 
Justice of the Peace. 

This affidavit should be made upon the copy only — not upon the 
original appeal that is to be sent to the state superintendent. The 

*In other matters than formation or alteration of districts, the lat- 
ter part of the affidavit after the word "belief," may be omitted, or 
any needed change may be made. 



Appeals. 13^ 

copy shoiilci then be served upon the party from whose action the ap- 
peal is talien, either by handing it to him, or leaving it at his resi- 
dence. If the appeal is from the action of the supervisors, the chair- 
man of the board is a suitable party upon whom to serve the copy; if 
from the proceedings of a district meeting, upon the clerk or chair- 
man of the meeting. It should not be served, however, upon an in- 
dividual who did not sustain the action appealed from as in that case 
no answer is likely to be made. 

The person serving the copy of appeal should carry with him the 
original appeal, so that the party from whose action the appeal is 
taken may, if willing, admit service of a true copy, by the following 
form indorsed upon the original appeal: 

I, E. F., do hereby adm.it service of the above (or within) appeal. 
(Signed) — . 

In case no such admission of service be made, the appellant will ap- 
pend to his appeal an affidavit of the foil awing form: 

A. B., being duly sworn^ deposes and says that upon the day of 

, 190 — , he did serve a" true and verified copy of this appeal, and all 

accompanying papers, upon E. F., by handing the same to said E. F. 
(or by leaving it at his residence, as the case may be). 

(Signed) • . 

Sworn to and subscribed before me this day of 190 — . 

c. d!, 

Justice of the Peace. 

When several persons unite in making an appeal, the affidavits may 
be so changed as to admit the names of all the appellants, and each 
should sign the appeal and subscribe to each and every affidavit. 
When the action appealed from is the action of several persons, it is 
sufficient to serve a copy of the appeal upon any one of the number, 
but it should ahvays be served upon one not agreeing with the appel- 
lants, that an answer may be made. 

M''hen all the above directions are complied with, the original papers 
are ready to be forwarded to the state superintendent. 

4. An appeal should be taken within thirty days from the perform- 
ance of the act appealed from, or within thirty days after the action 
complained of has come to the knowledge of the appellant. 

THE ANSWER. 

1. The appellee has fifteen days in which to prepare his answer, and 
all the directions above given in reference to the preparation and 
service of a copy of the appeal papers, should be complied with in pre- 
paring and serving the answer upon the appellant, before it is for- 
warded to the state superintendent. The forms of affidavit given 
above will answer in all cases for forms to be used by the appellee, by 
changing tlie words so that the affidavit shall refer to an "answer to 
an appeal," instead of to an appeal, and by signing it as appellee in- 
stead of appellant. 

2. The answer to an appeal may '"-e served upon any one of a num- 
ber of appellants. When the town board of supervisors is a party, and 
papers have been served upon the chairman, if he is in favor of the 
party appealing, one of the other supervisors should make answer. 

3. In case of neglect of the proper appellees to answer an appeal, 
any person having an interest in the matter may make answer to it, 
being governed in all cases by the same rules as would govern 
appellee. 



140 School laws of Wisconsin. 



REPLICATION OR REJOINDER. 

A replication or rejoinder will be allowed, upon proof that new 
facts have come to the knowledge of the party wishing the rejoinder 
since the appeal or answer was submitted to the state superintendent, 
or that there are material errors in the statement of the other party. 

GENERAL REMARKS. 

If the appellant or appellee presents statements of other parties, 
these statements shouU be verified by the affidavit of the person mak- 
ing the same. 

All decisions on appeal must be filed or recorded as the state super- 
intendent shall direct. 

No decision can be rendered on ex parte statements. No papers will 
be considered that are not properly verified, and properly served on 
opposing parties. m ^^ ^ 

The propriety of leaving out of appeals all matters of a purely per- 
sonal character, except as they may have a direct bearing upon the 
subject, is obvious. 

As appeals are usually decided upon written and not upon oral evi- 
dence, it is not necessary or proper for either party to appear in per- 
son, expecting to be heard in the case, without the presence of the 
other party. 

Particular care should be taken to follow the directions in regard 
to affidavits, serving copy, etc., so that it may not be necessary to send 
papers back for correction. 

Not only must every paper presented in a case, by either party, be 
verified by affidavit, and a copy be served on the other side, but In 
making the copy, care must be taken to copy every affidavit as well as 
the statement which it verifies. If this is not done, the party upon 
whom such copy is served has no evidence that the original was 
sworn to. 

If the appeal is not taken or the answer or rejoinder made within 
the prescribed time, the reasons for the delay must be given. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superintendent of 
schools may make appeal to the state superintendent, according to 
section 452, using the following form: 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from your re- 
fusal to grant me a certificate, and I hereby ask you for your reasons 
for such a refusal, that I may present the same to the state superin- 
tendent, with my appeal. 

Respectfully yours, ■ . 

The refusal is ordinarily for alleged want of learning. In this case 
the appellant will usually appear before the state superintendent for 
re-examination. He should not come, however, without previous no- 
tice; but after notice to the county superintendent, as above, and on 
obtaining the statement of reasons for refusal, he should forward the 
same to the state superintendent, notifying him of his desire for a re- 
examination^ that a time may be fixed which may be convenient to 
both parties'. 



' ■ , APPEALS. ^ - ^^^ 

If the appellant and county superintendent mutually agree that the 
appeal shall be decided on the papers on which a certiiicate was re- 
fused, a re-examination may not be necessary. 

If the refusal is for alleged want of ability to teach, or for alleged 
immorality, the appeal will be decided on the evidence submitted in 
writing by the parties. The papers should be made out and verified, 
and copies served, as provided under the Rules for Appeals. 

In case a teacher's certificate is annulled, he also has a right of ap- 
peal. For this purpose the following form may be used: 
To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from your ac- 
tion in annulling my certificate, and I hereby ask for your reasons 
for such action, that I may present the same to the state superintend- 
ent, with my appeal. 

Respectfully yours, ■ • 

The directions given above, in regard to an appeal from a refusal to 
grant a certificate are to be followed, as far as applicable, in an ap- 
peal from the action of a superintendent in 9,nnulling a certificate. 



14:2 SCHOOL LAWS OP WISCONSIN. 



XIV.-MISCELLANEOUS LAWS; PENALTIES. 



Clerk's liability. Section 408. Every district clerk who 
shall mlfiilly neglect to make tlie annual report for his distriot 
as required by law shall be liable to pay the whole amount of 
money lost by such district in consequence of his neglect, which 
shall be recovered in an action in the name of and for the use 
of the district. 

Town clerk and superintendent's liability. Section" 499. 
Every town clerk who shall ncgieot or refuse to make and de- 
liver to the county supeirintendent his^aunual report as required 
in this chapter within the time limited therefor shall be lia- 
ble on his official bond to pay the town the amount which such 
'town or any school district therein shall lose by such neglect 
or refusal, with interest thereon; and every county superin- 
tendent who shall neglect or refuse to make the report required 
of him by this chapter to the state superintendent shall be lia- 
ble to pay to each town the amount wdiich such town or any 
school district therein shall lose by such neglect or refusal, with 
interest thereion, to be recovered in either case in an action pros- 
ecuted by the town treasurer in the name of the town. All 
money collected or received by any itown treasurer under the 
provisions of this section shall be apportioned and distributed to 
the school districts entitled thereto in the same manner that the 
money lost by any such neglect or refusal would have been appor- 
tioned and distributed. 

Neglect of duty. Section 500. Every taxable inhabitant re- 
ceiving the notice mentioned in sections 413 and 415, and 
every chairman of the first district meeting in any district who 
shall wilfully neglect or refuse to perform the duties enjoined 
upon him by this chapter, shall respectively forfeit the sum of 
five dollars. Every person duly elected to the office of director, 



MISCELLANEOUS LAWS— PENALTIES. 143 

treasurer or clerk of any school district who shall neglect or 
refuse without suthcient cause to accept such office and serve 
therein, or who, having entered upon the duties of his oifice, 
shall neglect or refuse to perform any duty required of him by 
the provisions of this chapter, shall forfeit the sum. of ten dol- 
lars; and every school district officer who shall neglect or re- 
fuse to deliver to his successor in office all records, books and 
papers appertaining to such office shall forfeit not exceeding 
fifty dollars. 

Who not to deal in school books, etc. Section 501. ISTeither 
the state superintendent, his assistant, nor any person in his 
office, nor any county superintendent, nor school district offi- 
cer, nor any officer or teacher connected mth any public school 
shall act as agent or solicitor for the sale of any school books, 
maps, charts, school library books, school furniture, apparatus 
or stationery, or furnish any assistance to or receive any reward 
therefor from any author, publisher, bookseller or dealer doing 
the same. Every person violating this section shall forfeit not 
less than fifty nor more than two hundred dollars for each of- 
fense and be liable to removal from office therefor. 

Drawing unauthorized order. Section 502. Every district 
clerk who shall draw an order upon the treasurer for any pur- 
pose not authorizeid by law, and every director who shall coun- 
tersign such order, shall forfeit for each such order not less 
than twenty nor more than one hundred dollars. 

Refusal to enforce decision. Section 504. In case the town 
board or any other officer shall neglect or refuse to carry into 
effect any decision of the state superintendent made upon an 
appeal from their or his action or refusal to act, each supervisor 
or other officer refusing or neglecting shall forfeit the sum of 
fifty dollars ; and every town clerk who shall so neglect or refuse 
shall also be liable to removal by the town board upon proper 
notice thereof. 

Hecovery of forfeitures. Section 505. All actions for the 
recovery of any forfeiture incuired under the- provisions of this 
; cliapt-er shall be prosecuted by the director of the school dis- 
trict interested, except when such director has incurred a for- 
feiture, in which case such action shall be prosecuted by the 
treasurer of such district; and in case either shall refuse or 



144 SCHOOL LAWS OF WISCONSIN. ' ^ 

neglect to prosecute lie shall forfeit twenty dollars. All for- 
feitures recovered sliall be first applied to the necessary expenses 
of such prosecutions, and one-half of the remainder shall be paid 
into the district treasury for the use of the district and the other 
half to the county treasurer for the benefit of the school fund. 

By voter. Section 506. Whenever any person or officer 
designated in this chapter to prosecute an action for a forfeiture 
or for a neglect of duty shall fail to prosecute such action for 
the space of ten days after being requested in writing by a vote 
of the proper district so to do, any voter may prosecute such 
aotion for the recover}^ of such forfeiture or for any neglect of 
duty in the manner herein prescribed. 

Removal of officers. Section 507. Any school district of- 
ficer may be removed from office by the county judge for wilful 
neglect of any duty upon the written application of the major- 
ity of the legal voters of his district or of any person aggrieved 
by such neglect, containing a full statement of all the charges 
preferred against him. A copy thereof, with a notice of the 
time and place when and where a hearing upon the same will 
be had, shall be served upon such officer at least ten days before 
such hearing. Such officer shall have full opportunity to be 
heard in his defense; and the judge, upon satisfactory proof of 
such neglect of duty, may by order remove such officer from 
his office, and in case of removal shall forthwith file such order 
in the office of the town clerk and cause a copy thereof to be 
served upon each of the other officers of the district. The per- 
son so removed from office shall not be appointed to fill the va- 
cancy occasioned by such removal; and for all services per- 
formed by the county judge under the provisions of this sec- 
tion he shall receive three dollars for each day actually em- 
ployed, to be paid by the county. 

Removal of county superintendent. Section 975. The judge 
of the circuit court may, in term time or vacation, by an or- 
der specifying the cause thereof, a copy of which he shall cer- 
tify to the county clerk, remove any county superintendent of 
schools in his circuit for incompetency, wilful neglect of duty 
or for acting as agent for or receiving any fee or reward from 
any author, publisher, bookseller or dealer in school books, maps 
or charts or school library books or school furniture or appa- 
ratus. Such removal shall be made only upon a petition set- 



MISCELLANEOUS LAWS— PENALTIES. 145 

ting forth fully the charges preferred against him, and after 
a copy thereof, with a notice attached, stating the time and 
place when and where such petition will be presented to such 
judge, shall have been personally served upon such superintend- 
ent at least thirty days before the hearing, and" an opportunity 
given him to be heard. The testimony shall be taken and the 
proceedings conducted summarily under such reasonable regu- 
lations as the judge shall prescribe. 

Doors, what to open outwardly; fire escapes. Section 4390, 
(Statutes of 1898, as amended, by Chap. 380, Laws of 1901). 
Every building now or hereafter used, in whole or in part, as 
a public building, public or private institution, hotel, inn, 
school-house, church, public hall, place of assemblage, or place 
of public resort, factory or workshop, opera house or office 
building, must be provided with outer doors that shall open 
or swing outwardly, and when storm doors are used at the en- 
trance of any such building, either inside or outside, said storm 
doors shall have a glass therein not less than fifteen inches 
square, wdiich glass shall be not less than four feet from the 
floor or approach, unless the commissioner of labor and indus- 
trial statistics, the factory inspector or assistant factory in- 
spector in his judg-ment shall deem it otherwise. Any owner, 
tenant, corporation, person or persons in charge of any of the 
above named buildings, who shall fail to comply with this sec- 
tion or provide the same with fire escapes according to law, or 
any architect who shall prepare plans for any building which is 
required by law to be provided with such doors or fire escapes, 
without providing in such plans for the same shall be punished 
by a fine not exceeding five hundred dollars or by imprisonment 
in the county jail not longer than ninety days. 

Chapter 3'49, laws of 1901. provides that every school house, hotel, 
tenement house nublic building, etc., etc., more than two stories high 
shall be provided with one or more iron fire escanes with iron plat- 
forms, etc. Severe penalties pre provided for by chapter 349 for fail- 
ure to comnly therewith and the enforcement of the law comes within 
the iurisdiclion of the commissioner of labor, the factory inspectors, 
or of chiefs or marshals of the fire departments of cities and villages. 

Injury to public building's, to timber on state or county lands; 
removing stone or mineral from lands, etc. SECTioisr 4442. Any 
person who shall cut do'^vn, injure or destroy any tree or tim- 
ber, growing or standing upon land belonging or mortgaged 



146 SCHOOL LAWS OP WISCONSIN. 

to or lield in trust by tlie state, or wlio shall take and carry away 
any timber or wood so cut or severed, or previously cut or sev- 
ered, and remaining upon such land, or who shall take or carry 
away, any mineral, earth or stone from such land, or who shall 
wilfully, maliciously or wantonly cut down, injure or destroy 
any tree or timber growing or standing upon and belonging 
or mortgaged to or held in trust by any county in the state, 
or take and carry away any timber or wood so cut or severed, 
or previously cut or severed and remaining upon such land, 
or who shall so dig or carry aAvay any minc^il, earth or stone 
from such land, or mutilate, deface, injure or destroy any 
building or other structure belonging to the state or to any 
county, town, city, village, school district, or school board, 
board of trustees, corporation, company or association and used 
for religious, educational, penal, correctional, charitable or 
other public purposes, or any building or personal property 
whatever of any person or co-partnership, or who shall enter, 
M'ithout right, any agricultural or industrial fair gi'ounds, in- 
closed by a fence not less than six feet high and injure or de- 
stroy any property therein, shall be punished by imprisonment 
in the county jail not more than six months or by fine not ex- 
ceeding one hundred dollars. 

Official malfeasance, what is. Section 4549. Any officer, 
agent or clerk of the state, or of any county, town, school dis- 
trict, school board, city or village therein, or in the employ- 
ment thereof, or any officer, regent, treasurer, secretarv. super- 
intendent, clerk or agent, of any penal, correctional, educa- 
tional or charitable institution, instituted bv or in pursuance 
of law, within this state, or anv member of any body or board 
having charge or supeiwision of such institution who shall have, 
reserve or acquire any pecuniary interest, flirectly or indirectly, 
present or prospective, absolute or conditional, in anv wav 
or manner, in any purchase or sale of any personal or real prop- 
erty or thins: in action, or in anv contract, proposal or bid in 
relation to the same, or in relation to anv public service, or 
in any tax sale, tax title, bill of sale, deed, mortgage, certifi- 
cate, account, order, warrant or receipt made bv, to or with 
hiiu in his official capacity or employment, or in any public 
or official service, or who shall make any contract or pledge, 
or contract any indebtedness or liability, or do anv other act 
in bis official capacity, or in any public or official service not 



MISCELLANEOUS LAWS— PENALTIES. 147 

authorized or required by law, or who shall make any false 
statemen't, certificate, report, return or entry in any book of 
accounts or of records in respect to anything^ done or required 
to be done by him officially, or in any public or official seiw- 
ice, shall bo punished by imprisonment in the county jail not 
more than one year or by fine not exceeding five hundred dol- 
lars. 

Discounting claims; neglect of duty. Section 4550. Any 
person mentioned in the next precedine; section, who shall pay, 
redeem, discount or purchase, any debt, claim or demand in 
favor of any o'ther person, against the state, or any county, 
town, school district, school board, city or village therein, or 
against any fund thereof below the true and full amount there- 
of, or who shall pay any such debt, claim or demand for any 
purpose out of any fund not provided for such purpose, or who 
shall wilfully violate any provision of law, authorizing or re- 
quiring anytliing to be done, or prohibiting anything from 
being done by him in his official capacity or employment, or 
who shall refuse or wilfully neglect to T)erform any duty in liis 
office required by law, or shall be guilty of any wilful extor- 
tion, "wrong or oppression therein shall be punished by imprison- 
ment in the county jail not more than one year or by fine not 
exceeding five hundred dollars. 

Eefusal to deliver money, etc., to successor. Section 4553. 
Anv public officer whatever, in this state, who shall, at the 
exniration of his tenn of office, refuse or wilfully neglect to 
deliver, on demand, to his successor in office, after such suc- 
cessor shall have been duly nualified and be entitled to said 
office according to law, all monevs, records, books, papers or 
o'f-her ■nroperty belonsing to said office, and in his hands or un- 
der his control by virtue thereof, shall be punished by impris- 
onment in the county iail not more than six months or by fine 
not exceeding one hundred dollars. 

Tlistnrbiiig: scliools. Section 4572. Any person who shall 
wilfullv, maliciously or wantonlv interrnnt or in any wav mo- 
lest or disturb anv private or public school while in session shall 
bp DuniRhed bv imprisonment in the county iail not more than 
thirty days or by a fine not exceeding fifty dollars. 

Obscene books, literature, papers, and pictures. Section 4590 
(as amended b^ chap, 256, laws of 1901, aniending chap. 138^ 



;[48 SCHOOL LAWS OF WISCONSIN. 



laws of 1899.) Any person who shall, in a pnblic place, or on 
any fence or wall, or other snrface, contiguous to the public 
street or highway, or on the floor or ceiling, or on the inner or 
outer wall, closet, room, passage, hall, or any part of any hotel, 
inn, or tavern, court Jiouse, church, school, station house, depot 
for freight or passengers, capitol or other buildings devoted or 
open to other or like public uses, or on the walls of any outbuild- 
ings, or other structure pertaining thereto, make or cause to be 
made any obscene drawing or picture or obscene or indecent 
writing, or print, liable to be seen by others passing, or coming 
near the same, such person so offending, shall, in every such case, 
be guilty of a misdemeanor, and, on conviction thereof, shall be 
punished by imprisonment in the county jail not to exceed one 
jeaYj or by fine not exceeding five hundred dollars. 

Any person or persons who shall put up, in any public place, 
any indecent, lewd or obscene picture or character, representing 
the human form in a nude or semi-nude condition, or shall ad- 
vertise by circulars or posters any indecent, lewd or immoral 
show, play or representation, shall be deemed guilty of a misde- 
meanor, and, on conviction thereof, shall be fined not less than 
twenty-five dollars, nor more than three hundred dollars ; pro- 
vided, that nothing in this act shall be construed as to interfere 
with purely scientific works, written on the subject of sexual 
physiology or works of art. 

Any person who shall sell, lend, give away, or show, or shall 
have in his possession with intent to sell, give away, or show, 
or shall advertise or otherwise offer for loan, gift or distribu- 
tion, any book, pamphlet, magazine, newspaper, or other printed 
paper devoted principally to the publication of criminal ne^ws, 
police reports, or accounts of criminal deeds, or pictures and 
stories of deeds of bloodshed, lust or crime, shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be sentencetl 
to pay a fine of not less than fifty nor more than five hundred 
dollars. 

School officers should take especial care to inform pupils of the force 
and effect of this law. Much serious difficulty and expensive litigation 
may be easily avoided by so doing. 

For reference to other laws and sections imposing penalties, see 
Ind^x under head of "P"'ines and Forfeitures," 



MiSCELLANiSOUS LAWS— DICTIONARlfiS. ii\) 



MISCELLANEOUS LAWS. 

Journal of Education. Sectiois- 508. Each, school district 
clerk and each town clerk or secretary of a town board of di- 
rectors may subscribe annually for one copy of the Wisconsin 
Journal of Education, to be paid for by the district or town, re- 
spectively, out of the school money. 

The subscription price of the Journal of Education is $1.00 a year, 
if paid in advance. Subscriptions, with remittances, should be ad- 
dressed to "Wisconsin Journal of Education, Madison, Wis." 

Dictionaries. Section 509. The state superintendent may 
furnish to any school district, or to any school or distinct de- 
partment thereof, one copy of Webster's international diction- 
ary on the receipt of an aHidavit of the proper officer that such 
school or department for which application is made has not 
yet been supplied, or that the dictionary furnished thereto 
has been lost or is unfit for use, and on payment in advance 
of the cost price to said superintendent for any so to be re- 
placed; -and the state superintendent may sell, at the cost price, 
to any of the charitable^ educational, reformatory or penal in- 
stitutions of the state, on written requisition being made by 
the superintendent of the institution, as many copies of such 
dictionary, not exceeding the number of school or educational 
departments in the respective institutions, as may be necessary; 
lie may also furnish each county superintendent, each teacher 
employed in the normal schools or university, each state officer 
and member of the lesjislature and their employees with one 
copy thereof at the cost price of the same to the state. The 
superintendent may purchase from time to time, at a cost not 
exceeding seven dollars per copy delivered at his office, a suffi- 
cient number of copies of such dictionary to furnish such 
schools, the expense thereof to be paid out of the state treasury. 

Every school district not already once supplied -with a Dictionary 
free is entitled to one. If the district has a graded school it is entitled 
to one copy for each distinct department. Applications for dictiona- 
ries must be made by district clerks, city superintendents of schools, 
or by the secretary of the town board of directors. Webster's Inter- 
national Dictionary is now furnished by the State for re-supply at a 
cost of $7. .50 for each indexed, and $7.00 for each plain copy. When 
the application is for re-supply, the cost of the volume 7)iust accom- 
pany the application. These dictionaries are too heavy to be sent by 
mail, consequently those who apply should be careful to give the ex- 
j)7~ess office to which the volume must be sent. Printed forms of ap- 
plication for first supply, additional supply, or re-supply for commou 



150 



SCHOOL LAWS OF WISCONSIN. 



district schools, or graded schools, will he mailed hy the State Super- 
intendent to school officers upon request. 

When writing for application blanks, the writer should state the 
kind wanted. There is but one kind furnished in all cases v/here the 
application is for re-supply, but where the application is for first sup- 
ply, the writer should state whether or not the school is a school of 
but one department, or a graded school, and whether or not such school 
is under the township system of school government, in order that the 
proper blanlis may be sent. 

Part of library. Section 510. All such dictionaries hereto- 
fore or liereafteir received by the several districts shall belong 
to the district library, but during the time a school is taught 
they shall be aiid remain in the school rooms during the hours 
of school, for the exclusive use of the scholars and teachers, 
and under the control of the teachers or principals, who shall be 
responsible to the districts for their loss or for any unnecessary 
damage they may receive. 

Payment of money. Section 511. The state superintendent 
shall pay to the state treasurer all money received on account 
of dictionaries sold as aforesaid, and render an account of all 
dictionaries sold in his report to the governor. 

Residents, who are; county's liability. Section 512. Every 
person of lavv^ful school age maintained as a public charge shall, 
for school purposes, be deemed a resident of the district in 
which he lives, for every person so maintained by the county 
tlie county board shall for each year allow to the district in 
which such person may attend school an amount for each per- 
son so attending equal to the amount expended in that year for 
each pupil in such district for school purposes; and in case 
such person be maintained by any town, such town board shall 
allow a like amount to such district. Such account shall be 
reckoned by the district officers without reference to the num- 
ber of pauper children attending such school. 

Women may be oificers. Section 513. Every woman of 
twenty-one years of age and upwards may be elected or ap- 
pointed as director, treasurer or clerk of a school district, di- 
rector or secretary of a town board under the township system; 
member of a board of education in cities, or county superin- 
tendent or town inspector of common schools. 

The last six words were added by the bill submitted by the commis- 
sioner appointed to revise the school code; the provision therein for 



Miscellaneous laws— arbor Day. 151 

inspectors of common schools was not enacted. The clause referred 
to was ovenooked by the committee on revision or it would probably 
have been stricken out. Ihere is no such office as "town inspector of 
common schools." 

Arbor and labor day. Section 13Y6. The governor, hj proc- 
laiuatioii, may set apart one day each year to be- designated as 
arbor and bird day, and may request its observance by aii schools, 
colleges and otlier institutions by the planting of trees, the 
adornment of school and public ground's, and by suitable ex- 
ercises having for their object the advancement of the study 
of arboriculture, the promotion of a spirit of protection to birds 
and trees, and the cultivation of an appreciative sentiment con- 
cerning them. He may also set apart, in said manner, one day 
in eacli year to be observed as labor day. 

Physical education. SECTio]sr 553a. Physical education may 
form a part of the regular school curriculum in all normal, 
high and city schools entirely or partly maintained by the state. 
In all normal schools and nonnal departments of high schools 
the instruction of the pupils may be such as to enable them to 
become competent teachers of physical education ,in common 
or graded public schools. 

Investment of school funds. Section 553&. The board of 
education or school board of any city having the care or custody 
of school funds or management of the finances of the public 
schools therein may, by a vote of a majority of all of its mem- 
bers elect, in lieu of designating banking depositories or any 
other disposition provided for the care or keeping of such funds, 
invest the same or such portion thereof as it may deem ex- 
pedient in the registered bonds of the [Jnited States at their 
market value. Whenever such board shall decide to make any 
such investment the treasurer of such board shall be directed to 
purchase such bonds with such funds and register and keep the 
same under such regulations as such board may prescribe. 
Whenever such bonds have been purchased such board may 
direct its treasurer to sell the same or any part thereof for cash 
at their market value, from time to time for current expenses, as 
said board shall deem expedient. 

Powers of boards; application of chapter to cities and villages. 

Section 515. Every such board or other body aforesaid shall 
have all the powers and be charged with all the duties imposed 
by these statutes on school district boards so far as the same are 



i52. SCHOOL LAWS OF WISCONSIN. 

not provided for or limited by the special provisions of the act 
of incorporation or other act under which such board or body 
is constituted. Every city or village not having a system of 
school government specially provided by law therefor shall be 
governed by the 2>i'ovisions of this chapter. (Chapter 27, W. 

Eaili-oad maps. Section 179 5a. Tliere shall be published 
biennially under the supenusion of the railroad commissioner, 
twenty-hve thousand copies of the railroad map of Wisconsin, 
of which eight thousand copies shall be mounted on muslin and 
provided with rollers to be distributed by ithe state superintend- 
ent among the schdols; twelve thousand three hundred and 
thirty shall be likewise mounted on muslin and provided with 
rollers, to be apportioned and delivered to the members of the 
legislature; four thousand six hundred and seventy, of which 
three thousand shall be unmounted and one thousand six hun- 
dred and seventy likewise mounted on muslin and provided 
with rollers, to be distributed by the railroad commissioner. 

State public seliool; admission of deformed and crippled chil- 
dren. (Chap. 100, Laws of 1001.) Skction 1. In addition 
to the classes of children now received at the state public school 
for neglected or dependent children, pursuant to existing laws, 
there shall also be received as pupils in the said school, any such 
children under fourteen years of age, residents of this state, 
who are of sound mind but who are crippled or deformed in 
body, provided their bodily ailments are such as admit of proper 
care and treatment at the school with the facilities which are, 
or may hereafter be provided therefor, subject only to the lim- 
itations contained in the next section. 

Section 2. All existing provisions of law for the commit- 
ment, care, disposition, control and discharge of the inmates of 
said school, and all restrictions upon their admission, except the 
three years age limitation, and except as herein provided, shall 
apply to such crippled or deformed children. 

Reports of academies. Section 411. It shall be the duty of 
the president of the board of trustees of every organized acad- 
emy, seminary and literary or collegiate institution heretofore 
incorporated or that shall be hereafter incorporated, to cause to 
be made out by the principal instructor or other proper 
officer, and forwarded to the state superintendent on or before 
the tenth day of October in each even-numbered year, a report 



Miscellaneous lAws— cadets. I53 

for the term terminating with the thirty-first day of August of 
the second preceding year, setting forth the amount and esti- 
mated value of real estate owned by the corporation ; the amount 
of other funds and endowment and the biennial income from all 
sources; the number of instructors and their resjDective salaries ; 
the number of students in the different classes and the rates of 
tuition ; the studies pursued and the books used ; the course of 
instruction and such matters as shall be specially requested by 
said superintendent, or as shall be deeaned proper by the presi- 
dent or principal of such academies or institutions to enable the 
state superintendent to lay before the legislature in his report 
a fair and full statement of the affairs and condition of such in- 
stitutions. 

Inspection of cadets. Section 411a. The president or other 
jDrincipal officer of any incorporated college or school of this 
state which shall be under military discipline or maintain a reg- 
ular military department, and have enrolled, uniformed and 
armed not less than one hundred cadets, may apply in wri ting- 
to the governor to have the corps of cadets of such college or 
school inspected by the adjutant-general or other officer 
appointed by the governor for that purpose. Such inspection 
shall be made during AjDril, May or J une of each year, upon fif- 
teen days' notice by mail to such applicant by the inspecting of- 
ficer, and shall be held in the manner and form prescribed for 
troops in the service of the United States. 

Officer's report. Section 411&. The inspecting officer shall 
report to the governor : 

1. The number of officers, non-commissioned officers and pri- 
vates jDaraded and inspected by him in uniform. 

2. What such uniform is and the condition thereof. 

3. The discipline and state of instruction. 

4. The number and amounts of arms, accoutrements, stores' 
and military property exhibited to him. 

5. The true condition of thesame. 

6. If a cavalry company or battery of artillery be maintained,' 
what number of horses were exhibited and their condition. 

T. Whether such cOr]>s has complied with these provisions 
and the orders and regulations of the governor. 

8. Such other matters as may he required. 

The inspecting offi.cer shall receive no pay for services, but 
may be allowed ten cents per mile, to be paid by each of the 
schools so inspected. 



154 SCHOOL LAWS OF WISCONSIN. 

Suspension from inspection. Section 411c. If such inspect- 
ing officer shall report that such corps numbers less than one 
hundred enrolled, uniformed and armed, or that its condition 
and military proticiencj are not such as, in his judgment, to en- 
title it to the Denehts of section 1-llc/, the governor may notify 
the president or other principal officer of such college or school 
that it is suspended from the benefits hereby given, and in such 
case no application for an inspection as herein provided shall be 
granted lor a period of two years. 

Graduates; rank of. Section 411d In all cases where a 
satisfactory report is made by such inspecting officer the students 
of such college or school, residents of this state, graduating dur- 
ing the year within which such report is made and receiving full 
diploma or certificate from such college or school, shall be en- 
titled to the honorary rank of second lieutenant in the unorgan- 
ized militia of the state; provided, that nothing herein shall be 
construed to give such graduates any right to wear the uniform 
of the Wisconsin national guard. 

Schools of agriculture and domestic economy. (Chap. 288, 
Laws of 1901.) Section 1. The county board of any county 
is hereby authorized to appropriate money for the organization, 
equipment, and maintenance of a county school of agriculture 
*and domestic economy. The county boards of two or more 
counties may unite in establishing such a school, and may appro- 
priate luoney for its organization, equipment, and maintenance. 

Section 2. A board to be known as the county school board 
is hereby created, which shall have charge and control of all 
matters pertaining to the organization, equipment, and mainte- 
nance of such school, except as otherwise provided by law. Said 
board shall consist of three members, one of whom shall be the 
county superintendent of schools of the county or district in 
which the school is located. The other members of the board 
shall be elected by the county board for the term of three years 
from the date of their election, but no member of the county 
board shall be eligible. Vacancies existing in the board from 
whatever cause, except in the case of the county superintendent, 
shall be filled by appointment made by the chairman of the 
county board, if the county board is not in session when such 
vacancy occurs. If the county board is in session, vacancies 
shall be filled by election by said board for the unexpired term. 
Appointments made by the chairman of the county board, as 



[ Miscellaneous laws— agricultural schools. 15^ 

liereinbefore specified, shall be for the term to elapse until the 
uext regular meeting of the county board. Jiach person 
aiDpointed or created a member of the county school board, shall 
wicliin ten days after the notice of such appointment, take and 
subscribe an oath, to support the constitution of the United 
tStates and the constitution of Wisconsin, and honestly, faith- 
fully, and impartially to discharge his duties as a luember of 
said board, to the best of his ability, which oath shall be filed 
in the ofilce of the county clerk. lie shall also, within the same 
time, file a bond in such sum as may be fixed by the county board, 
which bond shall be filed in the othce of the county clerk. With- 
in fifteen days after the appointment of said board, the mem- 
bers thereof shall meet and organize by electing one of their 
number as president. I'he county superintendent of schools 
shall be ex-oiiicio secretary of the said board. The said board 
shall prescribe the duties of the several otiicers, except as fixed 
by law. 

Sbction 3. Whenever two or more counties unite in estab- 
lishing such a school, the provisions of section 2 of this act shall 
apply to the organization of the county school board, and to fill- 
ing vacancies tlierein, provided that the county superintendent 
of the county in which the school is located shall be a member of 
the board and ex-oilicio its secretary, and two members shall also 
be elected from each county by the county board thereof. But 
no member of the county board shall be eligible. 

Section 4. Whenever two or more counties unite in estab- 
lishing and maintaining such school, the county school board pro- 
vided for in such cases shall determine the amount of money 
necessary for the equipment and maintenance of the school for 
the second year, and annually each year, thereafter ; they shall 
apportion the amount to be raised by taxation among the coun- 
ties in proportion to the assessed valuation of each county, as 
last fixed by the state board of assessment, and shall report to the 
county clerk of each county the apportionment so made on or 
before the first Monday of JSTovember in each year. The amount 
so apportioned to each county shall be levied in the county tax 
for the ensuing year for the support of the school. 

Sectiojst 5. The couny treasurer shall be ex-officio treas- 
urer of said board; all moneys appropriated and expended un- 
der the provisions of this act, shall be expended by the county 
school board, and shall be paid by the county treasurer or treas- 
urers on orders issued by said board, and all moneys received 
by said board shall be paid to the county treasurer for the fund 
of the county school board. 



j^gg SCHOOL LAWS Op WISCONSIN. 

Section 6. In all county schools of agriculture and domestic 
economy organized under tiie provisions of this act, instruction 
shall be given in the elements of agriculture, including instruc- 
tion concerning the soil, the plant life, and the animal life of the 
farm ; a system of farm accounts shall also be taught ; instruc- 
tion shall also be given in manual training and domestic econ- 
omy, and such other subjects as may be prescribed. 

Section 7. Each such school shall have connected v/itli it a 
tract of land suitable for purposes of experiment and demon- 
stration, and not less than three acres in area. 

Section 8. The schools organized under the provisions of 
this act shall be free to inhabitants of the county or counties con- 
tributing to their support, who shall be qualified to pursue the 
course of study, provided they shall have at least the qualifica- 
tions required for completion of the course of study for common 
schools. Whenever students of advanced age desire admission 
to the school during the winter months in sufficient number to 
warrant the organization of special classes for their instruction, 
such classes shall be organized and continued for such time as 
their attendance may make necessary. 

Section 9. The state superintendent shall give such infor- 
mation and assistance and establish such requirements as may 
seem necessary for the proper organization and maintenance of 
such schools.' With the advice of the dean of the college of agri- 
culture of the state university, he shall prescribe the courses of 
study to be pursued, and determine the qualifications required of 
teachers employed in such schools. He shall have the general 
supervision of all schools established under this act ; shall from 
time to time inspect the same, make such recommendations re- 
lating to their manageijient as he may deem necessary, and make 
such report thereon as shall give full information concerning 
their number, character and efficiency. 

Section 10. Any school established under the provisions of 
this act, whose courses of study and the qualifications of whose 
teachers have been approved by the state superintendent and the 
dean of the college of agriculture, may upon application, be 
placed upon an approved list of county schools of agriculture 
and domestic economy. A school once entered upon such list may 
remain listed and be entitled to state aid so long as the scope and 
character of its work are maintained in such manner as to meet 
the approval of the state superintendent ; provided that he shall 
not place upon said list more than two schools. On the first dav 
of July in each year, the secretary of each county school board 
maintaining a school on the approved list, shall report to the 



. MISCELLANEOUS LAWS— TRAINING SCHOOLS. 157 

stale su]3erintendent, setting forth the facts rehiting to the cost 
of maintaining- the school, the character of the work done, the 
nnniber and names of teachers employed and such other matters 
as may l^e required by the county board or the state superintend- 
ent. Upon the receipt of such report, if it shall appear that the 
school has been maintained in a satisfactory manner for a period 
of not less than eight months, during the year closing on the thir- 
tieHi day of the precedino- June, the said sujierintendent shall 
make a certificate to that effect and file it with the secretary of 
state. Upon receiving such certificate, the secretary of state 
shall draw his warrant, ]:)ayable to the treasurer of tl'ie countv 
maintaining such school, for a sum equal to one-half the amount 
actually expended for instruction in such school during the 
year; when more than one county has contribiuid to the support 
of the school, the secretary of state shall draw his warrant pay- 
able to the treasurer of each county for such a portion of the 
state aid as the amount contributed by his county is part of the 
total amount contributed by all the counties for the support of 
the school for the preceding year ; provided, that the total 
amount so apuortioned shall not exceed five thousand dollars in 
any year, and if sujcIi sum shall be less than half the aggre2;ate 
amount expended for instruction in both schools, it shall' be 
divided equallv between them. The secretary of state shall 
annually include and a])portion in the state tax such sum as sliall 
have been so paid. 

County training schools for teachers. (Chap. 373, Laws of 
1001, amending Chap. 268, Laws of 1899.) The county board 
of any county within which a state normal school is not located, 
is hereby authorized to appropriate money for the organization, 
equipment and maintenance of a county training school for 
teachers of the common schools. 

Section 2. A board to be known as the county training 
school board, is hereby created, who shall have charge and con- 
trol of all matters pertaining to the organization, equipment and 
maintenance of such school, except as otherwise provided by 
law. Said board shall consist of three members, one of whom 
shall be the county superintendent of schools of the county or 
district in which the school is located. The other members of 
the board shall be elected bv the county board, for the term of 
three years from the date of their election. Vacancies existing 
in the board, from whatever cause, except in the case of tbe 
county superintendent, shall be filled by appointment made by 
the chairjuan cf the county board, if the county board is not ii^ 



158 ' SCHOOL LAWS OF WISCONSIN. 

session when sucli vacancy occurs. If the county board is in ses- 
sion, vacancies shall be filled by election by said board for the 
unexpired term. Appointments made by the chairman of the 
county board, as hereinbefore specified, shall be for the time to 
elapse until the next regular meeting of the county board. Eac \ 
person appointed or created a member of the county training 
school board shall v/ithin ten days after the notice of such 
appointment, take and subscribe an oath, to support the consti- 
tution of the United States and the constitution of Wisconsin, 
and honestly, faithfully and impartially to discharge his duties 
as a member of said board, to the best of his ability, which oath 
shall be filed in the office of the county .clerk. He shall also, 
within the same time, file a bond in such sum as may be fixed 
by the county board, which bond shall be filed in the office of 
the county clerk. Within fifteen days after the appointment of 
said board, the members thereof shall meet and organize by 
electing one of their number as president and one as treasurer ; 
the county superintendent of schools shall be ex-officio secretary 
of the said board. The said board shall prescribe the duties 
of the several officers, except as fixed by law. 

Section" 3. All moneys appropriated and exi^ended under 
the provisions of this act shall be ex]iended by the county train- 
ing school board, and shall be paid by the county treasurer on 
orders issued by said board. 

SECTioisr 4. The state superintendent shall give such infor- 
mation and assistance as may seem necessary in organizing and 
maintaining such training schools. Pie shall prescribe the 
courses of study to be pursued, and shall determine the qualifi- 
cations of all teachers employed in such schools. He shall have 
the 2:eneral supervision of all schools established under this act ; 
shall from time to time inspect the same, make such recommen- 
dations relating to their management as he may deem necessary, 
and make such report thereon as shall give full information con- 
cerning their number, character and efficiency. 

Section 5. Any school established under the provisions of 
this act, whose courses of study and the qualifications of whose 
teachers have been approved by the state superintendent, mav, 
upon application, be placed upon an approved list of countv 
training schools for teachers. A school once entered upon such 
list may remain listed and be entitled to state aid so long as the 
scope and character of its "work are luaintained in such manner 
as to meet the approval of the state superintendent; provided, 
that he shall not nlace upon said list more than six schools. On 
the first day of July in each year the secretary of each county 



mSCELLANEDUS LAWS— FREE LECTURES. 159 

training scliool board maintaining a school on the aiDproved list, 
shall rejDort to the state superintendent, setting forth the facts 
relating to the cost of maintaining the school, the character of 
the work done, the nnmber and names of teachers employed and 
snch other matters as may be required. Upon the receipt of 
such report, if it shall appear that the school has been main- 
tained in a satisfactory manner for a period of not less than ten 
months during the year closing on the thirtieth day of the pre- 
ceding June, the said superintendent shall make a certificate to 
that effect and file it with the secretary of state. Upon receiv- 
ing such certificate, the secretary of state shall draw his warrant, 
payable to the treasurer of the county maintaining such school, 
a sum equal to one-half the amount actually expended for main- 
taining such school during the year, provided that the total 
amount so apportioned shall not exceed twenty-five hundred dol- 
lars to any one school in one year. 

Section- 6. Any person who shall complete in a satisfactory 
mangier the course of study prescribed for any county training 
school, and' who shall be of good moral character, shall receive 
a certificate signed by the princi])al of the school and by the 
members of the county training school board. Said certificate 
shall certify that the person named therein has satisfactorily 
completed the course of study prescril^ed for the county training 
school, and is of good moral character; it shall also contain a 
list of the standings secured by the person on the completion of 
each of the studies pursued in the school. Such certificate shall 
have the force and effect of a third grade certificate issued by 
the county superintendent of the county or district in which the 
school is located, for the term of three years from the date of its 
issue. Any school suj^erintendent 'or officer authorized to grant 
certificates to teachers in Wisconsin schools is hereby authorized, 
in his discretion, to accept standings obtained by the completion 
of studies in any county training school in the state, when duly 
certified by the principal of said school, in lieu of actual exam- 
ination by said sunerintendent or examiner at any time Avithin 
three years from the date of the certificate of com"Dletion of the 
course by the person desiring to have such standings accepted. 
This provision shall apply to certificates of third and second 
grades. 

Free public lectures. fChap. 336, Laws of 1901.) SECTioisr 
1. The board of education of any city is hereby authorized and 
empowered to provide for the employment of competent person^ 



160 SCHOOL LAWS OP WISCONSIN. 

to deliver evening lectures on the natural sciences and kindred 
subjects in the public school buildings or other suitable places 
of said city. 

Section 2. The said board of education shall have j)ower 
to purchase the books, stationery, charts and other things neces- 
sary and expedient to successfully conduct said lectures which it 
shall have power to direct. 

SECTioisr 8. 'No admission fee shall be charged, and at least 
one school building in each ward of said city, where practicable, 
shall be designated by said board of education, for the purpose 
of carrying out the provisions of this act, and said lectures shall 
be delivered in such school buildings between the first day of 
October and the thirty-first day of March in each year, except- 
ing the two weeks preceding and the week following the first day 
of January in each vear, which lectures shall be advertised in a 
newspaper published in said city at least one week in advance of 
the delivery thereof. 

Section 4. The board of education is hereby authorized, 
previous to the first day of September in each year, to meet and 
provide the necessary appropriation for the purpose of carrying 
out the provisions of this act. 



INSTRUCTION OP DEAP MUTES IN VILLAGES AND CITIES. 

State aid to schools. Section 578. Upon application by the 
mayor and common council of any city or by the president 
and board of trustees of any village to the state superintendent, 
he shall, by and with the consent of the state board of control, 
grant permission to such city or village to establish and main- 
tain within its corporate limits one or more schools for the 
instruction of deaf mutes, who are residents of this state. The 
mayor of any city and the president of any village which shall 
maintain one or more such schools shall report tO' such super- 
intendent and board annually, and oft oner if they so direct, 
such facts in relation to such school or schools as they may 
i^equire. There shall be paid out of the state treasury annually 
in the month of July to the treasurer of every such city or 
Adllage maintaining such school or schools, under the charge 
of one or more teiachers whose qualifications shall be approved 
by the state superintendent, the sum of one "hundred and fifty 
cjollars for each deaf mute pupil instructed in such school or 



MISCELLANEOUS. LAWS— DEAF SCHOOLS. 161 

scliools at least nine months during the year next preceding 
the first day of July, and a share of such sum proportionate to 
the term of instruction of any pupil as shall be so instructed 
less than nine months during such year. 

Inspectors of schools for the deaf.* (As created by chap. 422, 
laws of 1001.) Section 579rt.. The state superintendent of 
public instruction may appoint a competent person who shall 
act under his direction as inspector of public day schools for 
the deaf and for the Delavan school for the deaf. When not 
engaged in the inspection of the schools for the deaf, he may 
be assig-ned for such other duties as the state su]3erintendent 
may determine and designate. The inspector shall receive an 
annual salary of tifteen hundred dollars and re-imbursements 
for all actual and necessary traveling expenses incurred, when 
duly certified by the state superintendent; provided, that no 
more than five hundred dollars shall be allowed for expenses. 
The salary and expenses shall be paid in the same nianner as the 
state officers are paid. It shall be the duty of the city or vil- 
lage treasurer receiving the money provided for in section 578 
of the statutes of 1898 to render aunualty to the superintendent 
of public instruction an itemized statement of all expenditures 
of said day school. All unexpended moneys appro]3riated by 
the state for the maintenance of said schools, shall be returned 
to the state treasurer before Jul"^ first of each year. All sur- 
plus now on hand with village or city treasurers belonging to 
the day schools shall be returned to the state treasurer on or 
before the first day of July, 1901. It shall be the duty of the 
inspector to report annually to the superintendent of public in- 
struction as to the condition and progress of the day schools, 
and make such recommendations as he may deem proper for the 
improvement of the same. 

School superintendent's duty. Section 577. It shall be the 
dutv of each county and city superintendent of schools to send 
to the superintendent of the school for the deaf and dumb the 
address of the parent, parents, giiardians or other persons in his 
conntv or citv who have the custody of deaf mute children, and 
tO' inform such nersons resuectinff the schools for such children 
in this state and the conditions of admission to them. The su- 
perintendent of the state school shall furnish each such school 
superintendent wi+h sufficient printed matter to enable him tq 
11 



162 SCHOOL LAWS OF WISCONSIN. 

learn such conditions and with the names and residences of all 
the deaf mute children known to be in the superintendent dis- 
trict. Every such school superintendent shall include in his 
annual report a statement of the number of deaf mute childern 
of school age in his city or county then receiving an education 
and the number not being educated, and of the number of per- 
sonal visits made to induce the parents, guardians or other cus- 
todians of such children to give them a proper education. 
Compare section 461/2. 

School boards in cities of the first class. (Chapter 186, Laws 
of 1897.) Section 1. The public schools in every city of the 
first class, meaning thereby every city in the state of Wisconsin 
now or hereafter having a population of one hundred and fifty 
thousand or over, whether organized under special charter or un- 
der the general law, shall be under the general managemen, 
control and supervision of a board of school directors, consisting 
of one director from each ward of such city, to be appointed pur- 
suant to the provisions of the next following section. 

Section 2. All appointments of members of the board of 
school directors of such city shall be made by a commission con- 
sisting of four citiz(5ns of suitable character and education, who 
shall be appointed by the mayor of the city, as hereinafter pro- 
vided. ISTot more than two of the members of such commission 
shall at the time of their appointment belong to the same polit- 
ical party; and no person holding any office in any political 
organization, or any lucrative city, county or state office, other 
than a judicial office or that of notaiy public, shall be eligible 
to be a member of such commission or of such board of school 
directors. 

Sectiok 3. The mayor of every such city of the first class 
shall on the second Tuesday of April, in the year 1897, or in the 
next year follovdng the first national or state census showing 
it to be a city of the first class as defined in the first section 
of this act, appoint four commissioners in accordance with the 
provisions of section two (2) of this act, designating one of such 
commisioners to hold office for a term of four years, one for 
three years, one for two years, and one for one year from the 
date of appointment, and thereafter the mayor shall appoint an- 
nually one member of such commission to hold office during a 
term of four years. Any vacancies arising in such commission 
shall be filled by appointment by the mayor for the unexpired 
term. 



MISCELLANEOUS LAWS— CITIES. 163 

Section 4. The commission so appointed shall be known as 
the "School Board Commission," and the secretary of the board 
of school directors shall act as secretary of the commission, and 
shall keep a full and complete record of all its transactions. 
The commission shall meet at the secretary's office for the first 
time on the third Tuesday in April, in the year 1897, or the 
year of its appointment and shall be organized by selecting one 
of its members as chairman who shall preside for one year, or 
until his successor is chosen, and said commission shall then pro- 
ceed to divide the number of wards of the city of such com- 
mission into three classes, so that each class shall include as 
nearly as practicable the same number of wards, and so that 
the first class shall include 'the wards numbered consecutively 
one and upwards; the second class shall include the wards bear- 
ing the next following numbers, and the third class shall in- 
clude the remaining wards bearing the higher numbers, and 
said commission shall then appoint one director to represent 
e/ich ward in such city, those appointed to represent wards in 
the first class to serve for thn J? years, those representing wards 
in the second class to serve for two years, and those represent- 
ing wards in the third class to serve for one year, and there- 
after the commission shall annually on the third Tuesday in 
April appoint successors to the directors whose terms expire, 
such successors to hold office for three years from the date of 
their appoititment. All vacancies in said board of school di- 
rectors caused by resignation, removal, death, or resulting from 
any other cause, shall be renorted to the secretary, and the 
school board commission shall upon notification by the secre- 
tary, immediately appoint a successor for the unexpired te-rm. 
The members of every school board commission and board of 
school directors shall, before entering upon the duties of such 
office, take and subscribe the oath of office prescribed in the 
constitution of this state, and shall file the same, duly certified 
by the officer administering the same, wdth the city clerk. 

Section 5. The board of school directors so apnointed shall 
meet on the first Tuesday in May in each vear, and organize by 
the election of the proper officers. A president shall be elected 
from their own number by said board to serve for one year or 
until his successor shall be chosen, and in his absence or during 
his disability the board shall elect a president pro tempore. 
The seat of any member shall be declared vacant, and the va- 
cancy shall be filled by appointment in the manner hereinbe- 



]^(34 SCHOOL LAWS OF WISCONSIN. 

fore provided, if the hoard reports to the commission that said 
member has been absent for fonr successive meetings of the 
board without a satisfactory reason. In case of 'the absence 
or inability, from any cause, of any otficer a^jpointed by said 
board, to j)erform the dutiee of his office, said board may ap- 
point some suitable person to act in his place and stead during 
his absence or inability ; and such person shall have and possess 
the same power or authority! as the officer whose place he is 
appointed temporarily to fill. 

Section 6. The mend)ers of the board shall be subiect to 
all the restrictions, disabilities, liabilities, punishments and lim- 
itations prescribed by law as to members of the common coun- 
cil in their city, and they shall be exempt from jury duty. The 
school board commission may remove any member of the 
board for causes for wdnch members of 'the common council are 
re^movable. The board shall not in any one year contract any 
debt or incur any expense gTeater than the amount of the school 
funds subject to. its order, without a previous ordinance or reso-- 
lution of the common council. A majority of the members of 
the board who have duly qualified shall constitute a quorum 
for the transaction of business, but a smaller number may ad- 
journ. A majority of the whole board shall be necessary to 
elect any officer authorized to be elected by said board. Regu- 
lar meetings of the board shall be held at least once each month 
at stated times to be fixed and published by tlie board in its 
rules, and special meetings may bo called and held as shall 
be provided by the rules of the board, at which no other busi- 
ness shall be transacted than that snecified in the notification 
thereof, which shall be given pensonallv or mailed to each mem- 
ber, at least twentv-four hours before the time of such meetina;. 

Section Y. The board of school directors of each citv in 
which 'this act shall be ap]ilicable is hereby authorized and re- 
quired, subject to the approval of the common council, to es- 
tablish and organize so many public schools, in addition to those 
already established in such city, as may be necessary for the ac- 
commodation of the children of the city entitled by the con- 
stitution and laws of the state to instruction therein. The 
common council, upon recommendation and request of the said 
board as hereinafter provided, shall erect, uurchase. hire or 
lease buildings, improve or enlarge the same, and purchase fur- 
niture and lots for the accommodation of such public schools 
of said citv. The selection of sites for school buildings and the 



MISCELLANEOUS LAWS— CITIES. 165 

adoption of plans for the erection of school buildings shall be 
determined, first, by the concurrent action of a committee con- 
sisting of the superintendent of schools, 'the president of the 
board of school directors, the building inspector of said city, 
the members -of the board of public works, the chairman of the 
committee on schools of the common council, and the chairman 
of the committee on public buildings and grounds of common 
council, if any or all ejf such officers or committees there be, 
anel if not, then by a committee consisting of such of said offi- 
cers as there may be and three members of the common council 
of such city to hs appointed by the president thereof, and the 
decision of such committee so fonned as aforesiaid* shall be sub- 
ject to the approval of the common council, and shall not be 
modified or amended by said common council, except as to the 
amount of money appropriated for the execution of the work, 
the purchase of sites, or the fulfillment of contracts involved 
in the adoption of such committee's recommendation; provided, 
that if such committee shall be divided in opinion, with a mi- 
nority of at least three members, then the common council shall 
finally decide and may amend such report, and adopt the same 
in such form as saiel common council shall deem best. The 
school-houses now eiectcel and the I'ots on which they are situ- 
ated, and the lots now or hereafter purchaseel for sciiool pur- 
poses, and the school- houses thereon erecteel shall be the prop- 
erty of the city, and no lot shall be purchased or leased, nor 
shall any school-house be erected without an ordinance or reso- 
lution duly passeel by the common council. Deeels of convey- 
ance anel leiases shall be maele to the city. The said boarel shall 
also have the power to establish and define from time to time 
the boundaries of all common anel high school districts, in such 
manner as they may deem best calculateel to promote the in- 
terests of the schools. The board shall also have the power, 
subject to the powers and regulations of the city service com- 
mission, to employ all janitors necessary in the school-houses 
<)f their city, and to fix their compensation; but the principal 
of each school shall be custodian of all buildings and rooms oc- 
cupied by the school over which he presides, and shall have the 
general supervision over the same, and shall elirect the janitor 
thereof in relation to the keeping and care of such buildings and 
rooms. 

Section 8. The board of school directors shall have the 
power to adopt for' use in the several public schools of any such 



IQQ SCHOOL LAWS OF WISCONSIN. 

city, suitable text-books, subject to ithe provisions of tlie next 
following section. Said text-books sliall be uniform in tlie 
various schools, and when the board shall have adopted, for use 
in the public schools of any such city, any text-book, or text- 
books, the same shall not be changed by the board for five years 
next thereafter; and the board shall require that the system 
of instruction in the several schools under its control shall be 
as nearly uniform as possible, and shall adopt at its discretion, 
and modify or repeal, by-laws, rules and regulations for its own 
government, and for the organization, discipline and manage- 
ment of the public schools under its control, and generally 
adopt such measures as shall promote the go'od order and public 
usefulness of said schools- provided, that such by-laws, rules 
and regulations shall not contlict with the constitution and laws 
of the state. 

Section 9. (Chapter 357, Laws of 1901, amending Chap, 
186, Laws of 1S97, as amended by Chap. 58, Laws of 1899.) 
The board of school directors shall elect by ballot on the first 
Tuesday of March next following the date of their first appoint- 
ment, and every third year thereafter, a person of suitable learn- 
ing and experience in the art of instruction, and practical famil- 
iai^ity with the most approved methods of organizing and con- 
ducting a system of schools, for superintendent of schools, and 
said superintendent shall hold his ofilce for three j^ears, except in 
case of removal as hereinafter provided. The suijerintendent 
of schools shall, under the direction of tlie lioard, have general 
supervision of the public schools in the cities aforesaid and of 
the manner of conducting and grading them, and of the teachers. 
He shall appoint, subject to confirmation by the board, an as- 
sistant superintendent and such Other assistants and supervisors 
as may be authorized by the board ; provided, that the creation 
of any new office or the increasing of any salary of any officer, 
teacher or employe, by f he said board of school directors, shall 
after the adoj)tion of any resolution therefor by said board be 
submitted to the mayor of any such city who may exercise the 
veto power with respect thereto, in the same manner and with 
like effect as he now may exercise such power with respect to 
resolutions of the common council of any such city. Such su- 
perintendent shall be an advisory member of every committee 
of the board, except at times where any inquiry into his acts or 
investigation of his official conduct sliall be under considera- 
tion by such committee. A committee, consisting of the presi- 



MlSCELLANE]OUS LAWS— CITIES. 16" 

dent of the board, aiid four members of the board selected by the 
president shall examine, certificate, employ, classify, transfer, 
and promote teachers. The action of such committee shall be 
subject to amendment and confirmation by the board. The 
president of the board and four members of the board thereof, 
to be selected by the president, shall constitute a committee to 
select and determine courses of study for the schools', and the 
text-books to be used therein. The action of such committee 
shall be subject to amendment and confirmation by the board. 
The j)resident together with four members of the board selected 
by him, acting- as a committee, may by a majority vote dismiss 
teachers and janitors for misconduct, incompetency, inefficiency 
or inattention to duty. The action of such committee shall be 
subject to amendment, rejection or confirmation by the board. 
The assistant superintendent and other supervisors and assist- 
ants heretofore referred to, shall hold their several positions dur- 
ing the term for which the superintendent is elected, except in 
case of removal. The salaries of the superintendent, assistant 
superintendent and other assistants shall be fixed by the board. 
Section 10. (Chapter 357, Laws of 1901, amending Chap. 
186, Laws of 1897, as amended by Chap. 58, Laws of 1899.) 
The board shall also appoint as a vacancy shall occur, some suit- 
able person to act as secretary of the board, who shall receive a 
salary to be fixed by such board. It shall be his duty to attend 
the meetings of the board, to keep a record of the proceedings, 
and a full and fair account of all receipts and expenditures of 
the board, and to do and perforin such other duties as shall be 
required of him by said board. The secretary of the board 
shall, before entering upon the duties of his office, execute a 
bond to the city for which he is appointed, in such form and 
penalty and with such conditions as the board shall prescribe, 
with sureties to be approved by said board, which bond shall be 
filed wih and kept in the office of the city clerk of said city, and 
the board shall require security to be given for the faithful 
performance of his duties by any officer or employe of said 
board, in such form and amount as the board shall deem best, 
and may at any time require of any officer or emploj^'e additional 
bonds and sureties, in its discretion. The secretary of the 
board shall also take the annual enumeration of the children of 
school age in the city, required by law, and shall at the same 
time collect such further statistics and information relating to 
schools and to the population entitled to school privileges in 
said city as may be directed and required by the board, and he 



igg SCHOOL LAWS OP WISCONSIN. 

shall receive for such, service a compensation or fee of two cents 
per capita upon the entire enumeration of persons between the 
ages 01 four and twenty, residing in such cicy, to be audited by 
tne board and paid out of the funds provided for the suj)port of 
the schools, 

Sectioin" 11. It shall be the duty of the secretary of the 
board, within thirty days after the appointment of teactiers and 
other salaried employes, to report to and file wrth the city comp- 
troller or other auditing ofhcer of the city, a duly certilied list 
of teachers and employes so appointed, with the salary allowed 
to each and a statement of 'the time or times fixed for the pay- 
ment thereof. He shall also as often as any action by said 
board changing the salaries of any of the officers of said board, 
or of any ot such teachers or employes, or making a new elec- 
tion or appointment to any position entitling tiie person ap- 
pointed to receive a stated salary, immediately after such ac- 
tion is had, in like manner file with such comptroller or other 
auditing officer a certified list and statement of all such changes 
and appointments. All claims and demands against the city 
or boaicl, before they are allowed by the board, shall be audited 
and adjusted by 'the comptroller or other auditing officer of 
such city and immediately after the allowance by the board 
of any claim or account, it shall be the duty of the secretary 
of the board to furnish to such comptroller or other officer a 
complete list of ithe same, together with the proper vouchers, 
stating the character of the material or service, for which the 
same were rendered; and before a warrant shall be issued there- 
for, it shall be the duty of such comptroller or other officer 
to sign the same. And said secretary shall also make and file 
with the said comptroller or other auditing officer quarterly 
statements of the condition of the fund for the support of 
schools and of the financial transactions of the board during the 
three months next preceding such statement. 

Section 12. The superinitendent of schools, or the secretary 
of the board, may be removed from office for misdemeanor in 
office, incompetency or inattention to the duties of his office, 
by a vote of two-thirds of the board; provided, that notice in 
writing' of charges against him and of the time and place of 
hearing 'and acting upon the same, shall be seiwed upon the ac- 
cused at least five days before the time of hearing and before 
any action shall be taken by the board thereon. And the ac- 
cused shall be heard by himself or counsel, and either party 
may produce witnesses who shall be sworn by the president of 



MISCELLANEOUS LAWS— CITIES. 169 

the board and give testimony snbject to 'the pains and penal- 
ties of perjniy. 

Section I'd. The board of school directors is hereby anthof- 
ized, and it shall be their dnty, to maintain the high schools 
now established in said cities, and to establish and maintain 
such cither high schools as may from time to time be found 
necessaiy by tiiem, and said beard shall divide said cities into 
high school districts, and said schools shall be open to students 
residing within said districts, 

Sectiojst 14. The high schools shall be public schools, and 
as such, under the same supervision and control in respect to 
location, buildings, leases, furniture, teachers, tex't-books, and 
course of study, and all other matters as is provided hereinbe- 
foro in the case of common schools. 

Section 15. The course of study in the liigh schools shall 
be liberal, and shall embrace such studies as said board and the 
superintendent may deem proper, and the board shall have 
power to grant diplomas in teiirimony of scholarship and liter- 
ary acquirements. 

Section 16. (Chap. 130, Laws of 1901, amending Chap. 
186, Laws of 1897, as amended by Chap. 58, Laws of 1899.) 
The said board shall report to the common council of each 
city under this act, at or before the first meeting of the 
; council in September in each year, the amount of money 
required for the next fiscal year for the support of ail 
the public schools, including high schools, in said city; and 
it shall be the duty of said common council to levy and collect 
a tax, not exceeding three and onc'^half mills upon the dollar, 
of the total assessed valuation of all property, real and jDcrsonal, 
in such city, subject to taxation, in addition to the tax to be 
levied for general city purposes, upon all the taxable property 
of said city, at the same time and in the same manner as other 
taxes are levied and collected by law, which with the other ^ 
funds provided by law and placed at the disposal of such city 
for the same purpose, shall be equal to the amount of money 
so required by said board for the support of said schools. The 
said tax and the entire school fund of the city shall not be used 
or appropriated, directly or indirectly, for any other purposes 
than the payment of the salaries of the superintendent of schools 
and his legally authorized assistants, the secretary of the school 
board, ^the legally qualified teachers whose appointments are 
con:^rmed by said board, and such other employes as the board 
may deem necessary and the necessary and current expenses of 



IfjQ SCHOOL LAWS OF WISCONSIN. 

the schools, including the purchase of school supplies, apparatus, 
fuel, gas, electricity or electrical power. All money received 
by or raised in such city for school purposes, shall be paid over 
to the city treasurer, to be disbursed by him on orders of the 
president and secretary of said board, countersigned by the city 
comptroller; provided that the president, instead of signing 
each order, may certify upon the pay roils, furnished by the 
secretary to the comptroller, to the facts that the amounts 
therein are correct as allowed by said board. Provided that 
the board of school directors may provide by resolution for the 
payment of all persons employed by said board in the service 
of the city upon monthly pay rolls and the manner in which 
the same shall be certified, audited and approved and payment 
made thereon, and such pay rolls shall in all cases be certified 
by the president and secretary and the finance committee of 
said board of school directors, and countersigned by the city 
comptroller of such city. 

Section lY. (Chap. 357, Laws of 1901, amending Chap. 
186, Laws of 1897, as amended by Chap. 58, Laws of 1899.) 
The common council shall, in addition to the funds hereinbefore 
provided for the support and maintenance of the public schools 
levy and collect a tax u]Don all the taxable property of said city, 
at the same time and in the same manner as other taxes are 
levied and collected by law, for such amount of money as may 
be determined and reported to the common council in September 
in such year, for the purpose of defraying the expense of re- 
pairs of school buildings, fixtures, grounds and fences, and re- 
placing broken or worn out furniture. Said tax, when collected, 
shall be set aside for the purpose herein specified, to be dis- 
bursed only upon the order of the board of school directors, upon 
bills incurred and allowed by them for the purposes herein men- 
tioned. Such tax shall not exceed one-fourth of a mill upon the 
dollar of the total assessed valuation of all pro^Jerty, real and 
personal, in said city, subject to taxation. 

Section 18. The board shall be governed in all things by 
the school laws of the staite, except as they are altered or mod- 
ified by this act. They shall report to the common council an- 
nually the general proceedings and acts of said board, the num- 
ber and condition of the public schools kept in said cities during 
the year, and the time they have severally been taught, the 
number and names of teachers; the number of children taught 
in said schools respectively, the result of the annual enumera- 
tion required by law; the extent of school accommodations in 



r MISCELLANEOUS LAWS— CITIES. Ifl 

tlie several scliools; tlie amoun't of scliool money raised or re- 
ceived during tlie year, distinguisliing the amount received 
from the state fund ±rom the amounts derived from taxes levied 
by the county board of sui3ervisors and by the common council 
respectively, and the accounts allowed by them against the 
school fund in detail, together with such other information as 
they may deem useful, or as the common council may require. 
A copy of said report shall be transmitted to the staite superin- 
tendent of public instruction, and a like copy to the librarian 
of the state historical society at Madison. 

SECTiOisr 19. No member of the school board commission or 
board of school directors, superintendent, assistant superintend- 
ent, secretary of the board, other assistant, teacher of any com- 
mon school or high school, or janitor or other employe of the 
board, shall be in anywise interested in any purchase or sale 
of any real or personal property by 'the city for the use or con- 
venience of any of the schools, and no such contract made in 
violation of this pro^dsion shall be valid, and any consideration 
paid by the city upon any such purchase or sale herein pro- 
hibited, may be recovered in an action at law in the name oij 
the city aggrieved thereby, and any person so offending against 
the provisions of this act shall be removed from any position 
held by him under this act. 

Section 20. The members of the school board of any city 
who may be in office at the time this act shall go into effect in 
such city, shall continue to act as such board until the date 
herein prescribed for the first meeting and organization of the 
board of school directors for such city to be appointed under 
this act, and their official term and authority shall then cease. 

Section 21. This act is not intended to affect the term of 
office of any person now serving in any capacity by virtue of 
an appointment heretofore made by the school board in any 
such city, but such officer shall continue to serve in the same 
capacity under the board of school directors hereby created for 
the term for which he was so appointed; subject, nevertheless, 
to bo removed from such office for the causes and in the man- 
ner mentioned in this act. Any vacancy for any cause occur- 
ring in any office, subject to the provisions of this act, shall be 
filled by appointment for the unexpired term. 

Section 22. This act is amendatory of the charters of the 
various cities to wdiich it applies or may hereafter become ap- 
plicable, and any provisions of said charters inconsisitent here- 



172 School laws of Wisconsin. 

with are hereby modified, amended or repealed by this act to 
the extent necessary to give full force and effect to the intent 
hereof. All acts or parts of acts contravening the provisions of 
'this act are hereby repealed. 



GENERAL CHARTER LAW DIVIDING CITIES INTO CLASSES 

AND PROVIDING FOR THEIR INCORPORATION 

AND GOVERNMENT. 

Board of education; appointment; terms; villages and cities. 

Section 925 — 113 (as amended by Chap. 2S7, Laws of 1899). 
In every city or village which shall adopt this chapter for its 
government, or shall have become newly organized under it by 
reason of the jirovisions of section 925g, Wisconsin statutes of 
1898, if there shall be or shall have been at the time of such 
adoption, a board of education or school board elected by the 
people under the provisions of its charter, or the school district 
system is in force, and in all cases of such cities or villages 
which have heretofore adopted the provisions of this act, or be- 
come newly organized as aforesaid, and which shall have con- 
tinued to act under the old school district or school board sys- 
tem, the election and organization, powers and duties of such 
board shall not be affected by this chapter; and such system 
shall continue until changed by a vote of the electors of such 
school district ; provided, that whenever such school district 
shall embrace within its limits a portion of the township outside 
of the limits of such city or village, the said school district shall 
thereafter constitute a joint school district of such city and 
township until changed by a vote of the electors of such joint 
school district. In all other cities governed by this chapter, the 
board of education shall consist of one commissioner from each^j 
ward and three from the city at large, to be appointed by the | 
mayor and confirmed by the common council, or elected by the 
council, if determined by ordinance. The mayor, in appoint- 
ing, or council in electing the first board, shall divide the mem- 
bers into three classes as nearly equal as may be, one of the com- 
missioners at large being in each class, and shall appoint those 
of one class for one year, those of another class for two years, 
and those of the remaining class for three years. Each com- 
missioner shall hold his office for the term designated in such 
classification, and until his successor shall have qualified. There- 
after, all commissioners shall be appointed or elected, and hold 



MISCELLANEOU^S LAWS— GENERAL CHARTER. 173 

their offices for three years, and nntil their successors shall have 
qualified. 

This is an amendment to subdivision 113, of section 925, of the Wis- 
consin statutes of 1898 relating to cities, and is so broadened as to in- 
clude villages in certain cases. 

Annual meeting. Section 925 — 114. The first meeting of 
the board each year shall be held on the first Monday in May 
or as soon thereafter as may be. At such meeting the board 
shall elect, one of its members president and another vice-presi- 
dent. The president shall preside and preserve order at every 
meeting of the board at which he shall be present, and psrform 
such other duties as the board shall by rule, by-law or resolu- 
tion from time, to time require of him. It shall be the duty of 
the vice-president to discharge the duties of the president in his 
absence. 

Secretary and superintendent. Section 925 — 115. In cities 
of the first class the board of education shall, annually at its 
first meeting or as soon thereafter as may be, elect a secretary 
who shall not be a member of the board. In other cities the 
city clerk shall be ex-officio secretary of the board. In cities 
not under the supervision of a county superintendent, the 
board shall, in like manner at such meeting or as soon there- 
after as may be, elect a superintendent of schools for the city 
who shall not be a member of the board. These officers shall 
hold their respective offices for one year and until their succes- 
sors shall have been elected, unless sooner removed by a reso- 
lution adopted by a vote of two- thirds of the members of the 
board. 

Authority of board. Section 925 — 116. The board of edu- 
cation shall have authority: 

1. To establish and organize such high schools and so many 
district schools and branches of the saine, primary schools, night 
schools and kindergartens as they shall deem expedient. 

2. To establish and change from time to time such and so 
many school districts as shall include all the territory of the 
city, and to afford to the people of the city such district school 
facilities as the circumstances of the city and its various parts 
may from time to time require; pro^dded, that in cities adopt- 
ing this chapter or being newly organized under it the school 



]^Y4 SCHOOL LAWS OF WISCONSIN. 

districts already established sliall remain until otherwise or- 
dered by the board. 

3. To purchase and preserve such school apparatus as may 
from time to time be required, 

4. To grade the schools and prescribe the course of study to 
be pursued therein, and the text-books to be used; provided, 
that such text-books shall not be changed oftener than once in 
five years. 

5. To employ teachers of all grades and fix their salaries. 

6. To prescribe rules of order for the regulation of their own 
meetings and deliberations, and alter and repeal the same from 
time to time as they shall see proper. 

7. To appoint all necessary standing and special committees. 

8. To enact, amend and repeal all necessary rules, regidations 
and by-laws for -the government of the schools, teachers and 
school officers. 

9. To fix the salaries and prescribe the duties of the superin- 
tendent of schools in cities not under the supervision of a county 
superintendent; to authorize him to appoint such assistant super- 
intendents, either for general or special service, as they may 
de'em necessary, and fix the salaries of such assistants; to fix the 
salary of the secretary of the board and his assistants ; prescribe 
his duties, whether he be the city clerk or one specially elected 
by the board, and in the latter case to authorize such secretary 
to appoint such assistants as they may deem necessary. 

10. To contract for and purchase all necessary fuel for the 
schools and school offices, provide for lighting the same, ap- 
point janitors for the school buildings and school offices, and 
fix their salaries. 

11. To estimate the expenses of the public schools as herein- 
after provided. 

12. To exercise all the powers necessarily incident to the 
powers herein conferred. 

Monthly and special meetings. Section 925 — 117. It shall 
be the duty of said board to hold monthly meetings at such 
times as it shall from time to time prescribe; special meetings 
mav be held under such rules and regulations as the board may 
fix.^ 

School buildings; office for board. SECTioisr 925 — 118. It 
shall be the duty of the board of -public works except as provided 
in section 925 — 87, under the direction of the council to erect 



MISCELLANEOUS LAWS— GENERAL CHARTER. 175 

and keep in repair all school buildings, and to provide suitable 
offices for tlie board of education, and its secretary, if there 
be one other than the city clerk, and the city superintendent 
of schools, if any. In the absence of permanent school build- 
ings, or proper offices for the transaction of school business, 
the board of public works may rent suitable rooms, temporarily, 
for schools or offices, or either. 

Estimates of expenses. Section 925 — 119, (Statutes of 1898, 
as amended by Chap. 186, Laws of 1899). The board of edu- 
cation shall prior to the iirst day of March each year make an 
estimate of the expenses of the public schools for the ensuing- 
year, including all necessary incidental expenses and the 
amount thereof which it will be necessary to raise by city tax- 
ation and certify the same to the city clerk, who shall lay the 
same before the common council at the first regular meeting 
thereof in March. It shall be the duty of the common coun- 
cil to consider such estimate and by resolution duly adopted 
prior to the first day of April, determine the amoant to be raised 
by city taxation for school purposes for the ensuing year, 
which amount so fixed shall be included in the annual budget 
to be raised by a tax called the city school tax, which shall be 
collected the same as other taxes. It shall be the duty of the 
city treasurer to set aside and keep Jl moneys raised in any 
way for school purposes, whether bj the state, the county or 
the city, coming into his hands, in a separate fund to be called 
the school fund, and to pay out the same upon the orders of 
the board of education, signed by its president and certified 
by its secretary; provided, that teachers' and janitors' salaries 
may be included in a single order each month in the form of 
a pay roll, to be signed and certified as aforesaid; provided, 
further, that in any city adopting this chapter, if at the time 
of such' adoption the board of education or school board shall 
have power to levy the city school tax or the district school 
taxes, such power shall continue unaffected by this chapter, 
and this section shall not apply to such city nor be in force 
therein until specially adopted by a vote of three-fourths of the 
members of the council. 

SECTioisr 2. (Section 925 — 142.) On or before the first 
day of October in each year the board of public works, if there 
be one, shall file with the city clerk a detailed statement of the 
amount of money that will be required for the ensuing fiscal 
year in such department, and the city comptroller or the officer 



176 



SCHOOL LAWS OF WISCONSIN. 



performing his duties shall likewise file a statement of the 
amount required by the police and fire departments, the general 
and library fund, and for the purpose of paying interest for the 
ensuing year on the ]3ublic debt and five per cent, of the prin- 
cipal thereof. The city clerk shall place such estimates before 
the council at its next regular meeting, and the council shall 
thereupon, by resofiTtion, levy such sums of money as may be 
suflicient for the several purposes for which taxes are authorized 
not exceeding the amount provided by section 925 — 142a. And 
in making such levy they shall take into consideration the esti- 
mated amount that will be received by the city during the fiscal 
year from licenses or from any other source. 

This is an amendment of section 925, paragraph 119, and 925, para- 
gi'aph 142, of the Wisconsin statutes for 1898, requiring the board or 
education to make an estimate of the expenses for the public schools 
in cities for the ensuing year and to certify the amount which it will 
be necesary to raise by city taxation to the city cl^rk before the firsr 
day of March instead of October. 

Women on school boards. Section 926 — 16. Any woman 
over itwenty-one years of age having an actual residence of at 
least one year next preceding the time of her election or ap- 
pointment in the ward or district from yhich she may be 
elected or appointed, owning at that time real estate, in her 
own right, si'tuate in such ward or district, may be elected to 
or appointed upon school boards or boards of education in cities 
of the second or third classes and hold and exercise all the 
powders and duties of such oflice. Removal from such ward 
or district will create a vacancy in the ofiice so filled. Any city 
of the second or third class existing under special charter may, 
by ordinance, adopt the foregoing provision in the manner fol- 
lowing: Such ordinance shall be introduced at some regular 
aiiceting of the common council and no action shall be taken 
thereon before the next regiilar meetina; thereof; and before 
final action shall be taken thereon it shall be published at least 
once in each week for three successive .weeks in the official paper 
or some other news])aper to be designated by the council, to- 
gether with a notice of the time at which such proposed ordi- 
nance will be considered. The adoption of such ordinance 
shall be by at least three-fourths of all the members elect of 
the common council. When adoiDted as herein j^rovided such 
ordinance shall be deemed a repeal of all parts of the special 
.charter inconsistent thej''e>vitli and an amendment thereof. 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 177 



IV.-TOWNSHIP SYSTEM OF SCHOOL 
GOVERNMENT. 



Districts and sub-districts. Section 516. Every town 
which is now or may hereafter be organized in this state is 
hereby declared and constituted one school district for all the 
purposes in this chapter hereinafter prescribed, and the sev- 
eral school districts and parts of joint districts which are now 
or may hereafter be established in the several organized towns 
shall be styled and known as sub-districts whenever such town 
shall have voted to adopt the township system of school govern- 
ment as provided in section 552. 

Sub-districts, formation and alteration of. Section 517. 
ISTew sub-districts may be foiTned and the boundaries of any 
sub-district may be altered by the town board of directors at 
any regular meeting of said board ; but the formation and alter- 
ation of any joint sub-district shall be by concurrent action 
of the board of directors of all the towns embraced in part in 
such sub-districts; provided, that no sub-district shall be main- 
tained or formed which has residing within its limits less than 
fifteen children of school age, and that in any sub-district such 
board may maintain so many branch schools as the convenience 
of the school population may require. 

Board of directors. Section 518. The clerks of the sev- 
eral sub-districts in any organized town, together with the 
clerks of the joint sub-districts the school-houses of which are 
situated in such town, shall constitute the to^^^l board of school 
directors. 

Their powers. Section 519. The said board shall be a 
body corporate and shall possess the usual powers of a corpo- 
ration for public purposes^ by the name and style of "the board 
12 



1Y8 SCHOOL LAWS OP WISCONSIN. 

of school directors of the town " (the name of the town 

to which the board belongs), and in that name shall sue and 
be sued, and be capable of contracting and being contracted 
mth, and of holding real and personal estate and of selling the 
same, as authorized by law; and the clerks of the various school 
districts, together with the clerks of the joint school districts 
the school-houses of which are situated in any town adopting 
the township system, shall constitute the first board of directors 
of such town; they shall meet and organize within two weeks 
after the election at which such system shall be adopted, and 
hold their offices until the next annual meeting of the sub-dis- 
tricts of such town. 

Care of property. SECTioisr 520. Each board of directors 
have, in their corporate capacity, the title, care and custody 
of all school-houses, school-house sites, furniture, apparatus 
and other property of all Idnds belonging to the sub-districts 
therein, and may control the same in such manner as will best 
subserve the interests of the schools in their to^\Ti. 

Meetings. Section 521 (as amended by Chap. 416, Laws of 
1901). The said board sliall hold two regular meetings in each 
year. The first shall be the annual meeting and shall occur 
on the second Monday in June, and be held at, or as near as 
may be, the place where the last annual election was held; 
the second shall be the semi-annual meeting and sliall occur on 
the third Monday in March, and be held at such place as the 
board may designate by rule or as was fixed at the preceding 
annual meeting. The hour of meeting shall be ten o'clock in 
the forenoon. 

Special meetings; members; expenses. Section 522. Special 
meetings may be called by the secretary, or in his absence or 
disability, by the president, upon the application of one-third 
of the members of the board, and shall be called by notifying 
each member personally or by leaving a written notice at his 
place of residence or business stating the time, place and ob- 
jects of the meeting at least five days before the time appointed 
therefor. The members shall be reimbursed their expenses 
actually and necessarily incurred in attending all meetings, 
bills for which shall be audited by the board. 

Officers of board; secretary's compensation. Section 523 (as 
amended by Chapter 160, Laws of 1901.) The members of th(? 



TQWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 179 

board, a majority of whoin shall constitute a quorum, assembled 
at each annual meeting, shall elect from their number a presi- 
dent and a vice president; also a secretary who may or may not 
be of their number, but who shall be a resident of the town and 
hold said office for one year or until his successor is elected. 
Such secretary shall receive compensation of not less than two 
nor more than three dollars per day for not to exceed twenty- 
five days in each school year, and the other members of the exec- 
utive committee may, when the electors at the annual town 
meeting shall so decide, receive a compensation of two dollars 
per day for not to exceed fifteen days in any one school year. 
The officers shall present a statement of their services rendered 
at the annual meeting of the board. Vacancies in either of such 
offices may be filled at any special meeting of the board, the no- 
tice for which shall state the object of the meeting to be to fill 
the vacancy existing, or at any semi-annual meeting; and the 
persons elected to fill any vacancy shall hold the remainder of 
the unexpired term. 

Section 2. In towns under the township system of school 
government, the electors assembled at the annual town meet- 
ing to be held the first Tuesday of April, 1901, and at every 
annual meeing thereafter, shall by ballot or viva voce vote 
elect three competent persons, tax payers in the town, who 
shall act as a conimittee of audit of school district accounts. 
This committee shall meet with the secretary of the town 
board of school directors of said town, on the Saturday 
immediately preceding such annual town meeting at such 
an hour and place as shall be previously agreed upon be- 
tween such committee and such secretary of the town board 
of school directors. Said secretary shall thereupon place in 
the hands of said committee a copy of his report made to the 
town board of supervisors under section 534 of the statutes of 
1898, with all books, accounts and vouchers in any way relating 
or pertaining to the management and conduct of the school af- 
fairs of the town. Upon receipt of said reports, books, accounts 
and vouchers, the committee shall immediately proceed to make 
a careful examination thereof and a wi'itten report of their 
findings and conclusions, said report to be presented and read 
to the electors assembled at the annual town meeting, immediate- 
ly after the presentation by the town board of supervisors of 
the report made to them by the secretary of the town board of 
school directors and before any action is taken by the electors 
pf the town, as provided under section 535 of the statutes qf 



180 SCHOOL LAWS CP WISCONSIN. 

1898. The report of tliis committee shall be signed, by the 
members, or a m.ajority thereof, and shall be entered npon the 
record books of the secretary of the town board of school direct- 
ors, as a part of the records of the town. 

School buildings, sites, etc. Section 524 (as amended by 
Chap. 351, Laws of 1901). The board may, ont of the funds 
provided by the town for that pnrpose, purchase or hire sites, 
houses and rooms for the use of the schools, fence and improve 
the same, and upon such sites build, enlarge, alter, improve and 
repair school houses, outhouses or other buildings for school 
purposes, provide suitable Avater supply and arrange for the 
transportation of any or all pupils who live in said town, to and 
from any school or schools which the said board shall have estab- 
lished, maintained and designated and whenever any school 
house or site is no longer needed for school purposes may sell 
and convey the same, such conveyance to be executed by the 
president and secretary of the board. 

Estimates of expenses. Section 535. Said board shall, at 
the regular meeting in March, annually estimate and determine 
the amount of money which will be necessarv for the support 
of schools and for the building and rcDairing of school houses in 
the town for the year beginning on the first day of July next 
following. 

Maintenance and g-overnment of schools. Section 5^6 (as 
amended by Chan. 351 , Laws of 1901). Said board shall estab- 
lish and maintain such and so many scliools in the several sub- 
districts under their charge as they may deem reonisite aud ex- 
pedient. There shall be at least one common school in pach sub- 
district, provided that this provision mav be suspended for anv 
sub-district bv the state superintendent, whenevpr the town board 
of school directors shall present to him satisfactory evidence 
that they have made proper nrovision for the transnortation of 
pupils residinp- in any sub-district, to and from the school or 
schools in another snb-district or sub-districts, as the case mav 
be. The board shall have the supervision and manasrempnt of 
all the schools, with full po^^^^er to adont, enforce, mod if v and 
repeal, from time to time, all rules and re2:ulations, not incon- 
sistent with law upcessary for their organization, P'radation p-n^ 
control, and for the instruction given therein, and to establish 
and enforce proper penalties for the violation of such rules ancf 
ipegulations. 



'TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. ISl 

Powers of boards. Section 527. All powers conferred upon 
district boards by the provisions of this chapter, excepting 
those the exercise of which would conflict with the provisions of 
law relative to the 'township system, are hereby conferred upon 
the town boards of directors herein provided for. 

Executive committee. Section 528. The president, vice- 
president and secretary of the town board of directors shall con- 
stitute an executive connnitteej who shall execute all ordei-s of 
the board; and for this purpose all power and authority vested 
in such board shall be deemed vested in the executive commit- 
tee, and any duty devolved ujaon said board shall devolve upon 
such committee; but all the acts of the latter shall be subject to 
review by the board at any regular meeting thereof. 

Employment of teachers. Section 529. The executive com- 
mittee shall employ so many qualified teachers as they shall 
deem necessary to give instruction in all the schools under the 
charge of the board. Each contract shall be in writing; shall 
be signed by the teacher and by the president and secretary; 
shall specify the wages per week, month or year agreed upon 
by the parties, and when compleited shall be filed in the office 
of the secretary of the town board of school directors, with a 
copy of the teacher's certificate attached thereto. 

Secretary's duties. Section 530. The secretary shall record 
all the proceedings of the board; he shall keep an accurate and 
specific account of all expenses incurred by the board, including 
a list of all orders drawn by him, with the date, amomit, per- 
son in whose favor and object for which each order was issued; 
he shall properly file all papers deposited with him in accord- 
ance mth law, and shall keep and preserve all books, papers and 
records belonging to his office and deliver the same to his suc- 
cessor. 

Map and change of sub-district. Section 531. He shall 
make and keep in his office an accurate map of his town show- 
ing the boundaries of all sub-districts and joint sub-districts and 
the location of all school houses and highways therein. When 
a new sub-district is formed by the board of directors or one is 
altered he shall, within ten days thereafter, certify to the clerk 
of each sub-district affected by such formation or alteration a 
copy in writing of the record of the action of the board in the 
matter. 



182 SCHOOL LAWS OF WISCONSIN. " 

Supervision of schools. Sectioi^ 532. He shall have the im- 
mediate charge and supervision of all schools in the town, and 
shall, under the direction of the board, organize and grade them 
and assist the several teachers thereof in classifying and arrang- 
ing them. He shall visit each school in his town at least twice 
during each term thereof; shall examine into its condition and 
progress; consult with and advise the teachers in regard to the 
methods of instruction and government, and shall report, to the 
board from time to time such improvements as his eixperience 
shall dictate are calculated to benefit the school. 

Orders on treasurer. Section 533. He shall draw orders on 
the town treasurer for money in the hands of such treasurer 
which have been apportioned to the town and for money col- 
lected or received by him from other sources for school pur- 
poses for the payment of teachers' wages, the purchase of school 
sites, the building, buying, hiring, repairing and furnishing of 
school houses and for all other lawful purposes, and each order 
shall designate the object for which and the fund upon which 
it was drawn and shall be countersigned by the president. 

The town government has no control of schools established under 
the town system. Even the electors of the town have no control ex- 
cept to refuse to vote the estimates presented by the board. The 
treasurer holds all school money for the benefit of the school board, 
and it can only be paid out on its order. The town, having no author- 
ity as such to provide any moneys for the support of the schools under 
the care of the board of directors, is not liable upon the orders Issued 
by that board when there are no funds in the hands of its treasurer 
to pay such orders: Miller v. Jacobs, 70 Wis., 122. 

Secretary's report. Section 534. It shall be the duty of the 
secretar)^, at least five days before thp annual town meeting or 
election each year, to make to the board of supervisors of the 
town a written statement showing the receipts of monev for 
school purposes from all sources, and the disbursements of the 
same, actual and estimated, during the year ending on the last 
day of June next following, in which statements shall be given 
under separate heads: 

1. The amount in the treasury at the beginning of 'the year. 

2. Amount received from the state fund. 

3. Amount collected by town treasurer. 

4. Amount received from all other sources. 

5. The manner in which the sums have been expended, speci- 
fying the amount paid under each head of expenditure. 

6. Amount remaining in treasury. 



TOWNSHIP SYSTEM 01? SCHOOL GOVERNMENT. i83 

7. Amount of indebtedness of tli© township district and when 
and how payable. 

The secretary shall accompany the. above statement with esti- 
mates of the board of the amount necessaiy for the support of 
schools during the year beginning on the first day of July neixt 
following, specifying the sums needed, under the following 
heads : 

1. Amount of teachers' wages. 

2. Amount for school house sites and for building, leasing 
or purchasing school houses. ' 

3. Amount for fuel. 

4. Amount for incidental expenses, including repairs, furni- 
ture, maps, globes, charts, and for all needful school room ap- 
purtenances. 

5. An amount not to exceed one hundred dollars to purchase 
library books. 

Action by electors on estimates. Section 535. Each town 
board of supei-visors shall present such statements and estimates 
to the electors of the town at the annual town meeting, and the 
items thereof shall be passed upon separately by a vote of the 
electors present, but upon motion they may be increased or 
diminished; and if, for any reason, money for the support of 
schools shall not be voted at such meeting, or a suihcient amount 
shall not then be voted, the supeiwisors shall present the es- 
timates before mentioned to the electors at the general election 
for a vote thereon. 

School registers. Section 536. The secretary shall furnish 
school registers in the form prescribed by the state superinten- 
dent,- in which every teacher in the town shall be required to en- 
ter the names, ages and studies of all the scholars attending 
school, and, daily, their attendance and absence, which register 
shall be deposited with the clerk of the sub-district at the end of 
each term of school. 

Report to superintendent. Section 537. It shall be the duty 
of the secretary, on or before the first day of AugTist in each 
year, to make and transmit to the county superintendent a report 
in writing bearing date on the first day of August in the year of 
its transmission, stating: 

1. The whole number of sub-districts separately set off within 



184 SCHOOL LAWS OF WISCONSIN. 

the town, and tlie number of parts of joint sub-districts in wbicli 
the school houses belonging thereto are located in his town. 

2. The sub-districts and parts of sub-dis'tricts from which re- 
ports shall have been made within the time limited for that pui-- 
pose. 

^ 3. The length of time a school shall have been taught in each 
of said sub -districts or parts of districts bj a qualihed teacher. 

4. The number of ciiildren taught in each, and the nmnber 
of childreii over the age of four and under the age of twenty 
years residing in each, designating males and females separ- 
ately. 

5. The whole amount of money received in the town for 
scliool purposes since the date of the last preceding report, set- 
ting forth separately the amount received from the state 
through the county treasurer, the amount levied by the county 
board and the amount raised by the town at its annual town 
jneeting or general election. 

6. The manner in which said money has. been expended, and 
whether any, or what part, remains unexpended, with such 
other information as the state superintendent may" from time 
to time require!. 

School taxes. Section 538. The town clerk shall apportion 
all sums voted for the support of schools upon the taxable prop- 
erty of the town as found in the tax roll for the year in which 
said money is voted, and the sums so apportioned shall, in all 
respects, be collected or returned delinquent like other taxes, 
and when collected the money shall be held by the treasurer and 
be by him paid out on the order of the president and secretary 
of said board. 

Proceeding's if electors do not vote enough. Section 539. If 
the electors of a town shall fail to vote an amount of money suffi- 
cient to maintain a school in each sub-district for seven months 
during the year ensuing, the secretary shall, on or before the 
third Monday of JSTovember of the year in which the electors 
shall so fail, certify to the town clerk the amount estimated by 
the board of directors to be necessary for teachers' wages, fuel, 
repair of school houses and incidental expenses, and the town 
clerk shall apportion the aggregate sum thus certified upon all 
the taxable property of the town in the tax roll for that year and 
the town treasurer shall collect the same as other taxes. 



ItrWNSHiP SYSTEM OF SCHOOL COVERNMENT. 185 

Town treasurer's duty. Section 540. The town treasurer of 
eacli town sliall apply for and receive from the treasurer of his 
county all money apportioned for common schools in his town, 
and sliall keep it, together with all money collected or received 
by him for scliool puq3oses in a fund separate and distinct from 
all other money belonging to the town, and shall pay out the 
same only upon the order of the president and secretary of the 
town board of directors. The town treasurer shall place to the 
credit of the scliool fund all money levied in the town for school 
purposes before placing any sum to the credit of any other fund 
or paying any town order. 

Sub-district meeting. Section 541 (as amended by chap. 416, 
laws of lUOl.) The annual meeting of each sub-district shall 
be held on the first Monday in June unless that be a legal holi- 
day, in which case it shall be held on the next day at seven 
o'clock in the afternoon. Such meeting shall be held in the 
school house in the sub-district if there be one; and if there be 
none, at such place as the last annual meeting was held, unless 
such meeting shall have agreed upon another place, in which 
case it shall be held at such place. 

Powers of meeting. Section 542. The inhabitants qualified 
by law to vote at a sub-district meeting, when assembled in an- 
nual meeting, shall have power and it shall be their duty: 

1. To appoint a chairman for the time being, 

2. To ap|2oint a secretary if the clerk shall be absent. 

3. To choose a clerk. 

4. To recommend to the town board of directors the number 
of months they desire to have school maintained in their sub- 
district the ensuing year, and whether they desire a male or fe- 
male teacher; the improvements and repairs which ought to be 
made on the scliool house, outhouse and grounds; what maps 
and charts or other aids in teaching should be furnished, and 
generally any thing, matter or plan which in their judgment 
"^dll advance the cause of education and benefit the school of 
their sub-district. - 

Clerk's duties. Section 543. The clerk shall record the pro- 
ceedings of all sub-district meetings; shall certify to the town 
board of directors any recommendations adopted by tiie electors 
of his sub-district in accordance with the provisions of the pre- 
ceding section, and shall have charge of the school house and of 



i§(^ SCilOOL LAWS OS^ WlSCONStN\ 

all property therein or belonging or attached thereto, subject to 
the order or direction of the board of school directors. 

Clerk, member of board, his report. Section 544. The clerk 
of the snb-distriot shall be a member of the town board of school 
directors, shall attend all meetings of the board, and shall carry 
out all lawful orders of the same having reference to the school 
house of his district or the school maintained therein. It shall 
be the duty of the' sub-district clerk, between the tenth and fif- 
teenth days of July in each year, to make and transmit to the 
secretary of the town board of school directors a written report, 
dated on the tenth day of July of such year, signed by him and 
verified by his affidavit, showing: 

1. The number of children, male and female designated sep- 
arately, over the age of four and under the age of twenty years, 
residing in the district, and the names of their parents or other 
persoj^s with whom such children resided respectively on the last 
day of June preceding. 

2. The whole number of children, males and females, desig- 
nated separately, between the ages of four and twenty years, 
taught in the district school during the year for which such re- 
port is made by teachers duly qualified. 

3. The number attending school during the year under the 
age of four and the number over the age of twenty years. 

4. The whole time, in days, any common school has been 
itaught in the district, including holidays, and the whole number 
of days, including holidays, such school has been taught by 
teachers qualified according to law. 

5. The names of all teachers employed during the year, the 
number of days taught by each, including holidays, and , the 
monthly wages paid to each, and the time allowed any teacher 
for attendance on any institute for which no wages were de- 
ducted. 

6. The kinds of books used in the school. 

7. Such other facts and statistics in relation to the schools, 
public or private, in such district as the state superintendent 
may from time to time 'require. The clerk of each joint sub- 
district shall report to the secretary of the town board of school 
directors, or to the town clerk of each town, as the case may re- 
quire, a part of which is embraced in such sub-district, the num- 
ber of children residing in such part, in the manner set forth 
in this section, and the remainder of the items specified in this 



I TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. ist 

Section shall be embraced in the report made to tlie town in 
which the school house is situated. 

■ ] 
Notice of meeting-. Section 545. The sub-district clerk 
shall give at least six daj^s' notice of every annual meeting of 
the electors of his sub-district by posting notices therefor in four 
or more public places in the sub-district, one of which notices 
shall be affixed to the outer door of the school house, if there be 
one in the sub-district, and he shall act as secretary of all meet- 
ing's when present. 

Clerk, appointment of. Section 546. When a new sub-dis- 
trict is foiined or a vacancy occurs in the office of the snb-dis- 
trict clerk the executive committee of the board of directors 
shall appoint a clerk, who shall hold his office until the annual 
meeting of the sub-distriot next sncceeding such appointment. 

Joint sub-districts. Section 547. When a sub-district is 
composed of parts of two or more towns the board of directors 
of the town in which the school house is situated shall have the 
entire control of said sub-district, and shall maintain a school 
therein as in other sub-districts; and the clerk of such joint sub- 
district shall be a member of the board of directors of said 
town, without regard to the town in which he may reside. At 
the annual meeting in July the board of directors shall calcu- 
late and determine the cost of maintaining the schools in said 
joint sub-district for the year ending on the last day of June 
preceding the meeting of the board, and the secretary shall cer- 
tify such amount to the secretary of the board of each town em- 
braced in part in such joint sub-district, together with the as- 
sessed valuation of said sub-distict and each part thereof as 
found in the assessment roll of the said to^vn for that year ; on 
the receipt of such certificate the secretary of the board of di- 
rectors of each of said towns shall draw an order on the treas- 
urer of his town in favor of the town in which the school house 
of said joint sub-district is situated for such a proportion of 
the whole cost of maintaining said school as aforesaid as the as- 
sessed value of the property of his town embraced in said joint 
sub-district is to the whole valuation thereof, unless the propor- 
tion of such school district taxes to be assessed in each such 
town shall have been ascertained as provided in section 471, in 
which case he shall draw his order for such proportion, and said 



Igg SCHOOL LAWS Op WISCONSIN. 

order sliall be paid out of any money in the hands of said treas- 
urer collected or received by him for the support of schools in 
his town. 

Joint sub-districts not under township system. Sectioist 548. 
In case eitlier of the towns embraced in part in said joint sub- 
district shall not have adopted the townshij) system of school 
government, the certificate before mentioned shall be made to 
the clerk of said sub-district, and it shall be his duty to incor- 
porate the proportional sum mentioned in the preceding section 
in the returns of district taxes made by him to the town clerk of 
the town not having adopted such system on the third Monday 
of ]S[ovember- succeeding ithe receipt of said certificate; and the 
said sum shall be assessed and collected with the other taxes of 
that part of the joint sub-district, and shall be paid over by the 
town treasurer collecting the same to 'the treasurer of the town 
in which the school liouse of said joint sub-district is situated. 

Collection of taxes in such case. Sectioist 549. When the 
school house of a joint sub-district is situated in a town which 
has not adop'ted the township system of school government, the 
taxes for the support of schools shall be raised, assessed and col- 
lected as pro\dded in this chapter; but if any portion of said 
joint sub-district shall be embraced in a township which has 
adopted tlie township system, then the proportion of any dis- 
trict tax which should be assessed upon the property of such 
part of said sub-district shall be ceTtified by the town clerk of 
the towm in which the school house of said sub-district is situ- 
ated to the secretary of the tow^n board of directors of the town 
comprising the part of the said joint sub-district before men- 
tioned; and said secretary shall draw an order upon the town 
treasurer of his town in favor of the treasurer of the joint sub- 
district for the amount of tax thus certified, and the said town 
treasurer shall pay the same out of any money held or received 
by him for school pui-poses. 

Apportionment of tax for buildings, etc. Section 550. Prior 
to the erection of any school house by the board of directors 
they shall estimate and detemiine the valuation of the school 
houses and sites in their town provided by the several districts 
while under the district system, and when so determined the 
secretary shall place upon record a tabular statement containing 
the number of each sub-district, the value of its school house 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 189 

and site and tlie valuation of its taxable property as appears 
from the last assessment roll of the town; and thereafter for a 
period of ten years from the date of the meeting at which such 
determination of valnes was had, when a tax shall be voted to 
bnild a school house or purchase a site, such tax shall be so dis- 
tributed and assessed upon the several sub-districts that those 
having the least amount invested in school houses and sites in 
proportion to the assessed valuation of their property as ap- 
pears from the record made at the time of the determination of 
values aforesaid shall pay most toward said tax in proportion to 
the valution of the property at the time the tax is assessed, in 
order that the sums paid by the different sub-districts in the 
town for the purchase of sites and the erection of school house? 
shall be equalized; but if the board of directors of any town 
shall decide that taxes for the purchase of sites and the erection 
of school houses shall be assessed equally upon property, then 
the aforesaid provision in reference to equalizing such taxes 
shall not be operative in such town. 

Application to cities and villages. Section 551. Whenever 
the territory of a school district of an incorporated village shall 
extend beyond the limits of such village the whole of such ter- 
ritoi-y shall remain in such district and form a part thereof un- 
til detached by authority of law; and such district and every 
village containing a graded school of three or more departments 
shall be exempt from the provisions of this chapter relating to 
the township system except as hereinafter provided. When- 
ever a school district includes within its limits an incoi'porated 
village or city or maintains a graded school of three or more de- 
partments, the adoption of the township system of school govern- 
ment by anv town, city or village whose territory includes such 
school district shall not affect the boundaries, organization or 
management of such school district, but it shall be exempt from 
the operation of such township system and be and remain an 
independent school district and be conducted and managed in 
accordance with th^ law relating to indeT)endent school districts 
unless said spIiooI district shall, by a majoritv vote of the elect- 
ors of said district at an annual or special school meeting held 
previous to the adoption of the township system by said town 
decide to accept the to'^'^mshin system of school government when 
adopted bv the town of which said district is a part. And pro- 
yid^sd further, tjiat the voters of any such district thr^s exemptec[ 



190 SCHOOL LAWS OF WISCONSIN. 

from the operation of the township system shall have no voice 
in the adoption of the township system by the town. 

Adoption of system. Section 552. The voters of any town 
may, at any annual town meeting or general election, vote upon 
the question of township school government. Such voting 
shall be by ballot, and the ballots used shall have written or 
printed thereon the words "township school government, yes ;" 
or the words "toAvnship school government, no." A separate 
box shall be provided for the reception of said ballots, and the 
votes cast shall be counted, canvassed and a record thereof made 
as in case of other votes cast at such election; and if it shall ap- 
pear that a majority of the ballots cast have thereon the words 
"township school government, yes," then the provisions of this 
chapter providing for the township system shall immediately 
become operative in such towm, othenvise they shall have no 
force or effect therein. ISTo vote shall be taken on such question 
unless notice thereof shall be given as hereinafter provided. 
The clerk of any town upon the request in writing of any ten 
electors thereof asking him so to do, shall post in three public 
places in said town a notice in wanting that the question of 
adopting the township system of school government will be sub- 
mitted to the electors thereof at the ensuing annual town meet- 
ing or general election. Such notice shall be posted at least 
ten days before the holding of any such meeting or election; 
and any town having adopted such system may abolish the 
same at any such meeting or election in the manner provided 
for its adoption; but when the system shall be adopted it shall 
continue in force two years before the question of abolishing it 
shall be acted upon. Whenever the electors of any incorpor- 
ated village having a graded school with three or more depart- 
ments shall desire to adopt the township system of schools they 
may vote upon the question at any charter or general election; 
such election shall be by ballot of the foTOi above prescribed 
and upon like notice, and if a majority of the votes cast upon 
that subject shall b'^ in favor of the adoption of said system 
such village shall become a part of the township system of the 
town in which the same is situated. Whenever anv town 
having adopted the township system shall vote to abolish the 
same the to"wn board of supervisors shall, on or before the first 
day of June next succeeding the date at which the vote was 
taken, meet and by an order niadc in pursiiance of section 413 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 191 

divide the town into suitable independent school districts, 
making the order to take effect on the first day of July next 
following. The sub-district clerks and the secretary of the 
town board of directors for the year preceding shall make the 
annual reports for the year ending on that day as required by 
law notwithstanding their offices shall have been abolished. 

Irregularities in proceedings, effect on taxes. , SECTioisr 552a, 
Whenever any town has attempted or shall attempt to adopt the 
township system pursuant to section 552, the validity of any 
and all taxes for school purposes heretofore or hereafter levied 
and assessed therein- shall not be questioned in any action oi' 
proceeding, so far as the regularity of the proceeding of any 
such town in the adoption of such system is concerned unless 
the plaintiff shall show that he would be required to pay more 
than his equitable proportion of taxes ; and any and all school 
taxes heretofore levied in any such town which have been voted 
at the annual town meeting are hereby declared to be valid, 
even though the provisions of section 535 shall not have been 
complied with. ; , ; 

Payment of loans. Section 553. Whenever any school dis- 
trict in any town adopting the township system shall be indebt- 
ed at the time of such adoption upon a loan from the state or 
otherwise, such district shall remain liable for the payment of 
such indebtedness, and no alteration of the boundaries of such 
district as a sub-district in such tow^n shall ever be made until 
such debt is fully paid, except as provided in section 263. The 
clerk of such sub-district, shall annually certify to the town 
clerk the sum necessary to be raised as taxes in such sub-district 
for the payment of such indebtedness, with interest thereon, in 
the same manner and with like effect as the clerk of such dis- 
trict was required by law to certify the same, and the town 
clerk shall extend the amount of such taxes upon the tax roll 
upon the taxable property of such sub-district in like manner 
as if the same had been certified by the clerk of such district, 
and the same shall be collected by the town treasurer and be ap- 
plied by him exclusively to the payment of such debt, 



192 SCHOOL LAWS OF WISCONSIN. 



XVL-OF THE DISTRIBUTION OF THE SCHOOL 
FUND INCOME. 



(Chapter 28, Wisconsin Statutes.) 

Apportionment of; loss of right. Section 554 (as amended by 
Chap. 115, Laws of 1899). Tlie school fund income which 
shall have been received up to and including the first 
day of December, including the amount to accrue from 
one-mill state tax provided for by section 1072a to be col- 
lected by the several counties of the state before the first Mon- 
day in February next succeeding the elate of such apportion- 
ment, shall be api^ortioned by the state superintendent between 
the tenth and fifteenth days of December in each year. Such 
apportionment shall be made among the several counties, towns, 
.villages and cities according to the number of chikben in each 
over the age of four and under the age of twenty years as shown 
by the reports made to the state superintendent for the year 
preceding, ending June 30. Whenever any town, village or 
city shall fail in any. year to raise by tax, for the support of com- 
mon schools therein, a sum equal to the amount of its share of 
such school fund aud other income as determined by the county 
board in pursuance of section 1074, the amount of the appor- 
tionment to such town, village or city for that year shall be 
withheld from the next succiseding apportionment, unless the 
' town or village board or common council shall have transferred 
as they are hereby authorized to do, from the general fund to 
the school fund of the town or village or to the board of educa- 
tion of the city for such purpose, the amount of deficit in such 
school tax, and the town, village or city clerk shall have filed 
with the state superintendent his certificate showing such 
transfer, and, in the case of the town clerk, his apportionment 
thereof to the proper school districts before the tenth day of 



DISTRIBUTION OF THE SCHOOL FUND INCOME. I93 

December. 'No apportionment shall be made to any city, vil- 
lage or town for any school district therein for any year during 
which such district shall not have maintained a common school 
taug'ht by a qualified teacher for seven months, unless the state 
superintendent shall be satisfied that such school was so taught 
for three months, and the failure to maintain it for the full 
seven months was occasioned by some extraordinary cause 
and not arising from neglect or intent, nor to any town, village 
or city, nor for any school district, reports of which as required 
by law shall not have been mad© and transmitted during the 
preceding year to the state superintendent; nor tQ any city for 
any year the report for which shall not show that the number of 
cliildren between the ages aforesaid residing therein has been 
ascertained by an actual census taken under the direction of 
the board of education or other body having the government of 
common schools therein- by their clerks or persons of their ap- 
pointment for that purpose; provided, that provision by a school 
district for the instruction p.nd transportation of its pupils in 
accordance with subdivision 15 of section 430 shall entitle the 
district to share in the apportionment as though such district 
had maintained a school. 

Certificate and notice. Section 555. The state superintend- 
ent shall certify the apportionment made as aforesaid to the sec- 
retaiy of state and shall immediately give notice thereof to each 
county clerk and county treasurer stating the amount appor- 
tioned to his county and to each town, village and city therein. 
Upon receiving such apportionment the secretary of state shall 
draw his warrant upon the state treasurer, payable to the proper 
county treasurer, for the total amount apportioned each county, 
and the amount of such warrant shall be paid to the county 
treasurer entitled to receive the same at the time when he shall 
pay over to the state treasurer the amount due the state on ac- 
count of state taxes as required by law. 

Correction of apportionment. SECTioisr 556. Whenever any 
officer shall omit to make within the time fixed any statement 
or report required to be made to the state superintendent he 
shall notify such ofiicer by mail or otherwise of such omission, 
but the failure of the state superintendent so to do shall in no 
manner affect the consequences of such omission. If at any 
time within two years after an apportionment in which any 
town, village, city or school district was excluded upon any 



194 SCHOOL LAWS OP WISCONSIN. 

ground mentioned in section 554 satisfactory evidence shall be 
filed witli the state superintendent that sncli exclusion was due 
to some mistake or omission of some officer, and that such town, 
village, city or school district was legally entitled to have shared 
in such apportionment, the state superintendent shall certify 
such facts and the amount justly apportionable thereto to the 
secretary of state and notify the county clerk and treasurer of 
the proper county thereof. The secretary of state shall draw 
his warrant therefor, and the money shall be paid from the 
school fund income for the use of such town, village, city or 
school district as if originally apportioned. 

County treasurer's duty. Section 557. Each county treas- 
urer shall apply for and receive the school money due to his 
county as soon as apportioned and payable, and shall imme- 
diately give notice in writing of the^ amount apportioned to each 
town, village and city in his county to the treasurer and clerk 
thereof respectively, and shall pay the same to each such treas- 
urer on demand, who shall pay the same to the proper school 
treasurer as provided by law. If any such tpwn, village or city 
treasurer shall not demand such money before the next receipt 
of school money apportioned to such county, the county treas- 
urer shall add' such sum remaining in his hands to the money 
so next received and distribute the same therewith and in the 
same proportion among the several towns, villages and cities en- 
titled thereto in such county. 

Apportionment among districts. Section 558 (as amended by 
Chap. 450, Laws of 1901). The town clerk shall apportion 
all school money received from the state and also all raised by 
the town, among the several districts and parts of districts with- 
in the town, in proportion to the number of persons between 
the ages of four and twenty years residing in each, taking such 
number from the last annual report of their respective district 
clerks. 'No money shall be apportioned to any district or part 
of a district, except as herein provided, and as provided in sec- 
tion 554 of this chapter, by the discretion of the state super- 
intendent, unless the last annual report of such district, veri- 
fied by the affidavit of the district clerk, shall show that all 
school money received from the state by such district has been 
used in paying a legally qualified teacher, and that a common 
school has been taught in such district by such teacher for at 
least seven months during the year ending with the date of such 



DISTRIBUTION OF THE SCHOOL FUND INCOME. 195 

report. Provided that at any time which such report shall 
show was spent by the teacher or teachers of said district in at- 
tendance upon an institute in the county, and was allowed by 
'l;he district board without deduction from such teacher's wages 
therefor, shall be included as a part of such seven months. 

Moneys not paid. Section 559. All money apportioned by 
the town clerk to ayy district or part of a district which shall 
have remained in the hands of the town treasurer for one year 
after such apportionment, by reason of such district or part of 
district neglecting or refusing to receive the same, shall be 
added to the money next thereafter to be apportioned by such 
town clerk to the several districts and parts of districts in such 
town and apportioned therewith. 

Month. Section 560. In reckoning school months twenty 
days, as specified in section 459, shall constitute a month, and 
one hundred and twenty days six, [and one hundred and forty 
days, seven months. See section 554.] At least seven months, 
one hundred and forty days, of school taught by a legally quali- 
fied teacher, must be maintained to in each district or sub-dis- 
trict in order that the district or town (in cases where the 
schools are organized under the township system of school gov- 
ernment) and may be entitled to share in the apportionment of 
the state and town school money. 

School fund tax; apportionment. Section 10l2a, (as amended 
by Sec. 20, Chap. 351, Laws of 1899.) There shall be levied 
and collected annually a state tax of one mill for each dol- 
lar of the assessed valuation of the taxable property in the 
state, wdiich amount, when so levied and collected, is appro- 
priated to the common school fund income and shall be 
disbursed in the manner and under the conditions and restric- 
tions provided for the disbursement of the common school fund 
income. The state superintendent shall apportion the school 
moneys each county ^vill be eaititled to receive under the pro- 
visions of this section between the 10th and 15th days of Decem- 
ber in each year, and certify the apportionment so made to the 
secretary of state and state treasurer, and he shall, at the same 
time, certify to each county clerk and county treasurer the 
amount of said tax to which each town, city and village in their 
respective counties is entitled. Upon receiving such appor- 
tionment the secretary of state shall immediately inform ibfi 



196 SCHOOL LAWS OF WISCONSIN. 

county clerk and tlie county treasurer of the amount of state 
school tax such county will be required to levy and the amount 
it will be entitled to receive in return as its portion of the school 
fund accruing under the provisions of this section. At 
the same time that taxes levied for other state j)urpos6s ^^^ 
now required to be paid into the state treasury each county 
treasurer shall pay over to the state treasurer the school moneys 
arising- under the provisions of this section in excess of the 
amount such county is entitled to receive in retium as its por- 
tion of the state school tax. But if a larger amount shall be 
due any county than such county is required to pay the state 
treasurer shall pay to the treasurer of such county, at the time 
of the payment of the state tax assessed against the county, 
the amount due the county in excess of the state school tax 
levied upon it. The treasurers shall, at the time of making a 
settlement between the state and any county on account of any 
state school tax levied upon the county, exchange receipts show- 
ing that the full amount assessed against the county as a state 
school tax has been accounted for to the state, and, in turn, 
that the amount due the county on account of a state school tax 
has been accounted for to the county by the state treasurer; 
and within ten days from such settlement the several county 
treasurers shall pay over to the several town, city and village 
treasurers the amount to which they are respectively entitled 
by the apportionment m.ade by the state superintendent. It is 
hereby declared to be the tme intent and lueaning of this sec- 
tion to provide for an earlier distribution to the counties of the 
moneys collected as a -state school tax and that only the balance 
that may be due any county or the state, as the case may be, 
shall be j)aid in money at the time of settling accounts between 
the county and the state, in so far as they relate to the state 
school tax. 



6P TtiE UNIVERSITY. I9t 



XVII -OP THE UNIVERSITY. 



(Chapter 25, Wisconsin Statutes.) 



Location and style of. Section 377. There is established in 
this state at the city of Madison an institution of learning by 
the name and style of "the university of Wisconsin." 

Board of regents. Section 378 (as amended by Chap- 
ter 255, Laws of 1901). The government of the university 
shall vest in a board of regents, to consist of one member from 
each congressional district and two from the state at large, at 
least one of whom shall be a woman, to be appointed by the 
governor; the state superintendent and the president of the uni- 
versity shall be ex-officio members of said board; said president 
shall be a member of all the standing committees of the board, 
but shall have the right to vote only in case of a tie. The term 
of office of the appointed regents shall be three years from the 
first Monday in February in the year in which they are ap- 
pointed unless sooner removed by the governor; but appoint- 
ments to hll vacancies before the expiration of the term shall 
be for the residue of the term only. 

Powers of board; officers. Section 379. The board of re- 
gents and their successors in office shall constitute a body cor- 
porate by the name of "the regents of the university of Wiscon- 
sin," and shall possess all the powers necessary or convenient 
to accomplish the objects and perform the duties prescribed by 
law, and shall have the custody of the books, records, build- 
ings and other property of said university. The board shall 
elect a president and a secretary, who shall perform such duties 
as may be prescribed by the by-laws of the board. The secre- 



1§8 SCHOOL LAWS OF WISCONSIN. 1 

tary shall keep a faithful record of all the transactions of th^ 
board and of the executive committee thereof. The state treas- 
urer shall be the treasurer of the board and perforin all the 
duties of such office subject to such regulations as the board 
may adopt not inconsistent with his official duties; and he and 
his sureties shall be liable on his official bond as state treasurer 
for the faithful discharge of such duties. 

Meetings, quorum. Section 380. The time for the election 
of the president and secretaiy of said board and the duration 
of their respective terms of office, and the times for holding 
the regular annual meeting and such other meetings as may 
be required and the manner of notifying the same, shall be de- 
termined by the by-laws of the board. A majority of the board 
shall constitute a quorum for the transaction of business, but 
a less number may adjourn from time to tiiue. 

Duties of regents; additional powers. Section 381. The 
board of regeiits shall enact laws for the government of the 
university in all its branches; elect a president and the requi- 
site number of professors, instnictors, officers and employees, 
and fix the salaries and the term of office of each, and deter- 
mine the moral and educational qualifications of applicants for 
admission to tlie various courses of instruction; but no instruc- 
tion, either sectarian in religion or partisan in politics, shall 
ever be allowed in any department of the university ; and no 
sectarian or partisaji tests shall ever be allowed or exercised in 
the appointment of regents or in the election of professors, 
teachers or other- officers of the university, or in the admission 
of students thereto or for any purpose whatever. The board 
of regents shall have power to remove the president or any 
professor, instructor or officer of the university when, in their 
judgTnent, the interests of the university require it. The board 
may prescribe rules and regulations for the management of the 
libraries, cabinet, museum, laboratories and all other property 
of the university and of its several departments, and for the care 
and preservation thereof, with penalties and forfeitures by way 
of damages for their violation, which may be sued for and col- 
lected in the name of the board before any court having juris- 
diction of such action. They shall employ a competent pre- 
ceptress for the building known as ladies' hall (which shall be 
used for and by the female students attending the university 
and not otherwise), who shall have charge and general super- 



Op the university— reports. 199 

vision thereof under such regulations as the board mtiy have 
made or shall adopt, at a salary of not more than fifteen hun- 
dred dollars per year, provided that said preceptress shall per- 
form such other duties and teach such classes as the board may 
from time to time require. 

TTse of income — Addition of other colleges. Section 382. 
The board of regents are authorized to expend such portion 
of the income of the university fund as they may deem expe- 
dient for the erection of suitable buildings and the purchase of 
apparatus, a library, cabinets, and additions thereto; and if they 
deem it expedient may receive in connection with the univer- 
sity any college in tliis state upon application of its board of 
trustees; and such college so received shall become a branch of 
the university and be subject to the visitation of the regents. 

Reports, and printing thereof. Sectiok 383. At the close of 
each biennial fiscal term the regents through their president 
shall make a report in detail to the governor and the legislature 
exhibiting the progress, condition and wants of each of the col- 
leges embraced in the university, the course of study in each, 
the number of instructors and students, the amount of receipts 
and disbursements, together with the nature, cost and results 
of all important investigations and experiments and such other 
information as they may deem important, one copy of which 
shall be transmitted free by the secretary of state to all colleges 
endowed under the provisions of the act of congress entitled 
''An act donating land to the several states and territories which 
provide colleges for the benefit of agriculture and the mechanic 
arts," approved July 2, 1862, and also one copy to the secretary 
of the interior as provided in said act. The board shall also 
report to the governor as often as may seem desirable the im- 
portant results of investigations conducted by the director of 
AVashburn observatoiy and by other investigators connected 
with the university, and also the results of such experiments 
therein relating to agriculture or the mechanic arts as said board 
may deem to be of special value to the agricultural and me- 
chanical interests of the state. With the approval of the gov- 
ernor such number of copies as he shall direct, and of the Wash- 
bum observatory reports not more than seven hundred copies, 
may be printed by the state printer in separate form on good 
paper and with such appropriate quality of binding as the com- 



200 SCHOOL LAWS OF WISCONSIN. 

missioners of public printing shall order. Eight hundred cop- 
ies of each of said reports, when so directed by the governor, 
except those of the Washburn observatory, shall be delivered 
to the legislature and the remainder be used in exchange for the 
publications of other institutions and for such other public pur- 
poses as the regents may order. 

Accounts, how made, etc. Section 383a. ITo claim or ac- 
count against the board of regents of the university shall be 
paid unless it state the nature and particulars of the services 
rendered or materials furnished and be verified by the affidavit 
of the claimant or his agent and approved by an indorsement 
in writing thereon by the officer, member or committee of said 
board authorized thereby to certify claims and accounts for pay- 
ment. 

The president. Section 384. The president of the univer- 
sity shall be president of the several faculties and the executive 
head of the instructional force in all its departments; as such 
he shall have authority, subject to the board of regents, to gwe 
general direction to the instruction and scientific investigations 
of the several colleges, and so long as the interests of the insti- 
tution require it he shall be charged with the duties of one 
of the professorships. The immediate government of the sev- 
eral colleges shall be intrusted to their respective faculties; but 
the regents shall have the power to regulate the courses of in- 
struction and prescribe the books or works to be used in the 
several courses, and also to confer such degrees and grant such 
diplomas as are usual in universities or as they shall deem ap- 
propriate, and to confer upon the faculty by by-laws the power 
to suspend or expel students for misconduct or other cause pre- 
scribed in such by-laws. 

Object and departments. Section 385. The, object of the 
university of Wisconsin shall be to provide the means of ac- 
quiring a thorough knowledge of the various branches of learn- 
ing connected with literary, scientific, industrial and profes- 
sional pursuits, and to this end it shall consist of the following 
colleges or departments, to-wit: 

1. The college of letters and science. 

2. The college of mechanics and engineering, 

3. The college of agriculture. 

4. The college of law. " i j 



OF THE UNIVERSITY— TUITION. 201 

5. Sucli other colleges, schools or departments as now are or 
may from time to time be added thereto or connected there- 
with. 

Departments, what embraced in. SECTioisr 386. The college 
of letters and science shall embrace liberal courses of instruction 
in language, literature, philosophy and science, and may em- 
brace such other branches as the regents of the university shall 
prescribe. The college of mechanics and engineering shall em- 
brace practical and theoretical instruction in the various 
branches of mechanical and engineering science and art, and 
may embrace sucli additional branches as the regents may de- 
tennine. The college of agriculture shall embrace instruction 
and experimentation in the science of agriculture and in those 
sciences which are tributary thereto, and may embrace such ad- 
ditional branches as the board of regents shall determine. The 
college of law shall consist of courses of instruction in the prin- 
ciples and practices of law, and may include such other i branches 
as the regents may determine. 

Open to both sexes — 'Military instruction — Diplomas may be 
countersigned. Section 387. The university shall be open to 
female as well as to male students, under such regulations and 
restrictions as the board of regents may deem proper; and all 
able-bodied male students in whatever college therein may re 
ceive instruction and discipline in military tactics, the requisite 
arms for which shall be fui-nished by the state. Any person 
who has graduated from a regular collegiate course at the uni- 
versity, and after such graduation shall furnish evidence to the 
state superintendent of good moral character and of successful 
teaching for one school year in a public school of this state, 
may have his diploma countersigned by said superintendent, 
which shall then have the force and effect of a limited state cerr 
tificate, subject to the exercise of the power vested in the state 
superintendent to revoke the right given by his signature to 
such diploma. 

Tuition. Sectioist 388 (as amended by Chapter 344, Laws 
of 1901). ISTo student who shall have been a resident of the 
state for one year next preceding his admission at the beginning 
of any academic year shall be required to pay any fees for tui- 
tion in the university except in the law department and for 
extra studies. The regents may prescribe rates of tuition for 



^02 SCHOOL LAWS OF WISCONSIN. 

any puj^il in the law department, or wlio sliall not have been a 
resident as aforesaid, and for teaching extra studies. Attend- 
ance at the university shall not of itself be sufficient to effect 
a residence. 

Funds for support of— Gifts, bequests, etc. Section 389. 
For the support and endowment of the university there is an- 
nually and pemianently appropriated: 

1. The university fund income and all other sums of money 
aj)propriated by law to such fund. 

2. The agricultural college fund income. 

3. All such contributions as may be derived from public or 
private bounty. 

The entire income of all said funds shall be placed at the 
disposal of the board of regents by transfer to the treasurer of 
said board, thenceforth to be independent and distinct of the ac- 
counts of the state and for the support of the aforesaid colleges 
or departments of arts, of letters and such other colleges and 
departments as shall be established in or connected with the 
university; but all means derived from other public or private 
bounty shall be exclusively devoted to the specific objects for 
which they shall have been designed by the grantor- and all 
gifts, grants, bequests and devises for the benefit or advantage 
of the university or any of . its departments, colleges, schools, 
halls, observatories or institutions, or to provide any means of 
instruction, illustration or knowledge in connection therewith, 
whether made to trustees or otherwise, shall be legal and valid 
and shall be executed and enforced according to the provisions 
of the instrument making the same, including all provisions and 
directions in any such instrument for accumulation of the in- 
come of any fund or rents and profits of any real estate with- 
out being subject to the limitations and restrictions provided 
by law in other cases; but no such accumulation shall be al- 
lowed to produce a fund more than twenty times as great as 
that originally given. All such gifts, grants, devises or be- 
quests may be made to the regents of the university or to the 
president or any officer thereof, or to any person or persons 
as trustees, or may be charged upon any executor, trustee, heir, 
devisee or legatee, or made in any other manner indicating an 
intention to create a trust, and may be made as well for the 
benefit of the university or any of its chairs, faculty, depart- 
ments, colleges, schools, halls, observatories or institutions or to 
provide any means of instruction, illustration or knowledge in 



6^ THE UNIVERSITY— TAX FOR. 20^ 

connection therewith, or for the benefit of any class of students 
at the university or in any of its departments^ whether by way 
of scholarship, f ellowsliip or otherwise, or whether for the bene- 
fit of students in any course, sub-course, special course, post- 
graduate course, summer school or teachers' course, oratorical 
or debating coiu'se, laboratory, shop, lectureship, drill, gymna- 
sium, or any other like division or department of study, experi- 
ment, research, observation, travel or mental or physical im- 
provement in any manner connected with the university, or to 
provide for the voluntary retirement of any of its faculty. And 
it shall not be necessary in case of any such gift, grant, devise 
or bequest to exactly or particularly describe the members of 
the class, gToup or nationality of students intended to be the 
beneficiaries, but it shall be sufficient to describe the class or 
group; and in case of any such gift, grant, devise or bequest 
the regents shall divide and graduate the students at the uni- 
versity into such classes or divisions as may be necessaiy to 
select and determine those belonging to the class intended by 
such gift, grant, devise or bequest, and shall determine what 
particular persons are within or intended by the same. It shall 
be sufficient in any such gift, grant, devise or bequest to de- 
scribe the beneficiaries as belonging to a certain course, sub- 
course, department or division of the university, or as those pur- 
suing certain studies, speaking or writing a certain language 
or languages, belonging to any nationality or nationalities, or to 
one of the sexes or by any other description, and in such case 
the regents shall determine the persons so described as herein- 
before provided. 

Tax for, and appropriation of part — Loans. Section 390. 
(Statutes of 1898, as amended by Chap. 322, Laws of 1901, 
amending Chap. 170, Lav7s of 1899.) There shall be levied and 
collected annually, a state tax amounting to the sum of two hun- 
dred and eighty-nine thousand dollars, which amount when so 
levied and collected is annually appropriated to the university 
fund income, to be used as a part thereof for current or adminis- 
tration exjoenditures, and for the construction in the order of the 
greatest need therefor, of such allitional buildings and works 
and tlie enlargement and repair of buildings and works as in the 
judgment of the regents shall be absolutely required, and can be 
completed within the appropriations so made ; provided, that 
forty thousand dollars o? the said annual appropriation shall be 
applied annually to the uses of the college of agriculture; also 



^04 gCHOOL LAWS Of WISCdNSI^f. 

that twenty-two thousand five hundred dollars thereof shall he 
applied annually to the uses of the college of mechanics and en- 
gineering; also that thirty-five hundred dollars thereof shall be 
applied annually to the uses of the new school of commerce ; also 
that two thousand dollars thereof shall be applied annually to the 
uses of the summer school of science, literature, language and 
pedagogy, in connection with the university, authorized by sec- 
tion 392a; also that one thousand dollars thereof shall annually 
be applied to the purchase of books for the use of the law li- 
brary of the university ; and, also, the thirteen thousand dollars 
of the said annual appropriation shall annually be applied and 
used in adding facilities for and establishing and maintaining 
courses of instruction in railway' and electrical engineering in 
the university. The conunissioners of public lands may direct 
the state treasurer from time to time to set apart by way of loan, 
to the fund known as the university fund income, for university 
uses, from uninvested moneys in the trust funds, for the period 
while so uninvested, such amount not exceeding at any time the 
sum of seventy-five thousand dollars, as in their judgment shall 
be prudent, such loans to be repaid to the trust funds from the 
appropriation hereinbefore made to the university fund income, 
with interest at the rate then required, on deposits made pur- 
suant to sections 160a to 16 Of inclusive. 

Sectiok 2. There is hereby appropriated from the general 
fund of the state out of any moneys, not otherwise appropriated, 
to the university fund income of the university of Wisconsin, 
for the construction, furnishing and equipment of an agricul- 
tural building, the sum of one hundred and fifty thousand dol- 
lars, and for the furnishing and equipment of the new building, 
machine shops, foundry and laboratories of the college of en- 
gineering, the sum of thirty thousand dollars ; the said sums to 
be paid as soon as iDracticable after the collection of taxes, and 
said moneys to be expended in such manner and at such times 
for the purposes aforesaid as in the judgment of the regents 
shall seem best ; provided, that no plan or plans shall be adopted, 
and no contract or contracts shall be entered into by the board of 
regents of the university of the state of Wisconsin for the con- 
struction of any building or other structure or thing specified in 
this act, until such plans and contracts, with estimates of the 
total cost thereof, shall have been submitted to, and in writing 
approved by the governor of the state, who shall withhold 
such approval until he shall satisfy himself by a personal 
examination of the same, and by such other means as he in 



OF THE UNIVERSITY— SUMMER SCHOOL. 205 

his discretion, may adopt, that any snch building, structure 
or thing can and will be erected and fully completed according 
to such plans or contracts for the sum of money not exceeding 
the amount hereby appropriated for such particular purpose. 

The observatory. Section 391. The sum of three thousand 
dollars shall be set apart annually from the receipts of the tax 
first mentioned in the preceding section for the maintenance of 
the astronomical observatory on the university grounds, to be 
expended by the regents in astronomical work and instruction. 
And a like sum is annually appropriated out of the general fund 
to the board of regents for the purpose of enabling said board 
to employ and maintain a director of the Washburn observatory. 

Regents' expenses. Section 392. The regents shall each re- 
ceive the actual amount of his expenses in traveling to and 
from and in attendance upon all meetings of the board or in- 
curred in the performance of any duty in pursuance of any di- 
rection of the board ; accounts for such expenses, duly authenti- 
cated, shall be audited by the board and be paid on their order 
by the treasurer out of the university fund income. I^To regent 
siiall receive any pay, mileage or per diem except as above pre- 
scribed. 

Summer school. Section 392a. The board of regents may 
maintain the summer school of science, literature, language and 
pedagogy heretofore established in connection with the univer- 
sity ; provided, that all teachers employed therein shall be desig- 
nated by the state superintendent and the president of the uni- 
versity. 



206 SCHOOL LAWS OP WISCONSIN. 



XVIII.-STATE NORMAL SCHOOLS. 



(Chapter 26 of "Wisconsin Statutes of 1898.) 



Regents; their terms and vacancies. Section 393 (as amend- 
ed by Chap. 166, Laws cf 1901, amending Chap. 74, Laws of 
1899, as amended by Chap. 260, Laws of 1899). Lor the gov- 
ernment of the normal schools established and which may 
hereafter be established, " and for the performance of 
the duties prescribed to them, there is constituted a 
board of eleven regents, called "the board of regents 
of normal schools," composed of the , state superinten- 
dent, as ex-officio regent, and of ten appointed regents, at 
least one of whom shall be a woman. The term of office of the 
appointed regents commencing with the first Monday of Febru- 
ary in the year in which aj^pointed, shall be five years and until 
the appointment and qualification of their respective successors ; 
except that the regents first appointed under this act shall be 
divided into five classes of two each, and the term of office of 
said classes so first appointed shall be resj)ectively one, two, 
three, four and five years and until their successors are ap- 
pointed and qualified, and their successors in office shall con- 
tinue so divided into five classes of two each, so that the term of 
office of two regents shall expire each year ; and not more than 
one male member of the board shall reside in any one congres- 
sional district; provided, however, that where two normal 
schools are. located in one congressional district there may be 
two reffents in such district. The erovernor shall fill all vacan- 
cies by appointment, and in case of a vacancy before the expira- 
tion of a term, the appointment shall be for the residue of the 
term only. 



NORMAL SCHOOLS— OFFICERS OF BOARD. 207 

Powers of regents. Section 394. The "board of regents and 
their successors in office are constituted a body corporate by the 
name aforesaid ; and may purchase, have, hold, control, possess 
and enjoy, in trust for the state, for educational purposes solely, 
any lands, tenements, hereditaments, goods and chattels of any 
nature which may be necessary and required for the purposes, 
objects and uses of the state normal schools authorized by law 
and none other, with full power to sell or dispose of such per- 
sonal property or any part thereof when in their judgment it 
shall be for the interest of the state ; and shall possess all other 
powers necessary or convenient to accomplish the objocts and 
perform the duties prescribed by law. The board of regents 
shall not sell, mortgage or dispose of in any way any real estate, 
nor borrow money without the express authority of the legisla- 
ture; nor shall they contract indebtedness nor incur liabilities 
to exceed, at any time^ in the aggregate, the amount of money 
which, under the provisions of law, shall then be at their disposal 
in the hands of the state treasurer ; nor shall said board ever re- 
duce the amount so at their disposal below the aggregate amount 
of their indebtedness or liability except in payment of such in- 
debtedness or liability. The proceeds of the sale of any real or 
personal estate shall be paid by them into the treasury, and shall 
become a part of the income of the normal school fund. The 
entire income of the normal school fund shall be placed at the 
disposal of the board of regents of the normal schools by transfer 
to the treasurer of said board, and shall be distinct and inde- 
pendent from the accounts of the state, and be applied for the 
support of normal schools as provided by law. 

Officers of board. SECTioisr 395. The officers of the board 
shall be a president, vice-president and secretary; they shall 
severally hold their offices for the term of one year and until 
their successors are elected, and shall perform the duties inci- 
dent to their several offices- and such as are prescribed by the 
board. The state treasurer shall be ex-officio the treasurer of 
the board, but the board may appoint suitable persons to receive 
any tuition fees or other moneys that may be due from any stu- 
dent or other person, to disburse any part thereof and pay the 
balance to the treasurer. 

Meeting's; quorum. Section 396. The said board shall hold 
an annual meeting at the capitol on the second Wednesday in 
July in each year or at such time as they may designate. Spe- 
cial meetings may be called by the governor or by the president 



208 SCHOOL LAWS OF WISCONSIN. 

of the board on a petition signed for that purpose by any three 
regents. A majority of the regents shall constitute a quorum 
for the transaction of business; but a less number may adjourn 
from time to time. 

Removal of regents; disqualification of officers, etc. Section 
397. Any regent may be removed from office for cause upon 
reasonable notice by a vote of two-thirds of all the regents. jSTo 
regent or officer, trustee or person appointed or employed in anv 
position or capacity connected with normal schools or normal in- 
stitutes shall at any time act as agent of any author or pub- 
lisher of or dealer in school books, maps or charts, or school li- 
brary books, or school furniture or apparatus, or become in- 
terested directly or indirectly in the publication, manufacture, 
or sale of any such as agent or otherwise, except solely as au- 
thor or inventor, and for a violation hereof any regent shall be 
expelled from the board by a majority vote of the regents ; pro- 
vided, that the purchase and use of books and appliances written 
or invented by persons connected with any of the schools shall 
not be deemed to be prohibited. 

Compensation of regents. Section 398. 'No member of the 
board of normal regents shall receive any pay for traveling to or 
attendance at any meeting of the board, but for any specific 
service rendered under the direction of the board, other than at- 
tending the meetings thereof, such compensation may be allowed 
any member as the board shall deem just and reasonable ; and 
such compensation and all moneys actually and necessarily ex- 
pended by any member in travelinsr, attending meetings, or per- 
forming any other duty or service directed to be performed, 
shall be paid out of the normal school fund income in the state 
treasury on accounts presented to and adjusted by the board and 
certificate signed by the secretary and president thereof. 

Other normal schools; alteration, etc., of buildings. Section 
399. In addition to those heretofore established, the said board 
of regents may establish other state normal schools at such places 
as they may designate, upon sites selected by them ; and when, 
in their opinion, the educational interests of the state require it,^ 
they may proceed to erect suitable buildings upon the sites so se- 
lected, and they may enlarge, alter or repair any normal school 
buildings. Whenever any such site shall be donated, then as 
soon as the title thereto shall be vested in them in fee in trust ~ 



NORMAL SCHOOLS— DONATIONS— ACCOUNTS. 209 

as aforesaid, and when money is donated, tlien as soon as such 
money is paid into the state treasury, subject to be paid 
out only on the warrant of the secretary of state, as pro- 
vided in the next section, or secured to be paid by the de- 
posit with the state treasurer of United States or Wisconsin 
state bonds in amount equal in value to the sums of money so 
donated, said board may procure suitable plans and specifica- 
tions for such building's, alterations or repairs thereof, and em- 
ploy persons to superintend the construction of die same; and, 
they may advertise for proposals to erect, repair or enlarge any 
normal school building, reserving the right to reject any and 
all proposals made in pursuance of such advertisements ; and the 
expense of such advertising and procuring plans and specifi- 
cations shall be j^aid from the normal school fund income. 

Donations, collection and application of. SECTioisr 400. The 
said board shall demand and receive the sums of money donated 
and subscribed by any persons to aid in the erection of the neces- 
sary buildings for normal schools in such manner as said board 
may prescribe, and apply the same in the erection and comple- 
tion of said buildings, the purchase of the necessary books, ap- 
paratus, furniture and fixtures, and for various other inci- 
dental expenses to be incurred by said board in pursuance of the 
provisions of these statutes, and if any surplus shall remain, ap- 
ply the same to the expenses of conducting said normal schools ; 
and any deficit which may arise in the erection and completion 
of said buildings and purchases aforesaid shall be paid out of the 
normal school fund income. 

Accounts, how made, etc. Section 401. All payments for 
the erection, repairs or enlargement of any normal school build- 
ing, or for fixtures or furniture therefor, and all disbursements 
from the normal school fund income, including the expenses of 
boards of visitors of normal schools and of teachers' institutes, 
shall be made by the treasurer of said board on the warrant of its 
secretary, countersig-ned by its president, and drawn in accord- 
ance with the directions of the board, after being audited and al- 
lowed pursuant to its rules and regulations, and not otherwise ; 
and in case of a donation no such warrant shall be issued for any 
part thereof until the sums donated and subscribed shall have 
been paid into the state treasury, nor in any case until the work 
shall be done, the services rendered, buildings erected or fixtures 
or furniture purchased under the direction of said board and 
14 



210 SCHOOL LAWS OF WISCONSIN. 

pursuant to a contract made with it. All claims and accounts, 
before being paid bj or under the authority of such board, shall 
be verified and approved in the same manner as claims against 
the state university are required to be verified and approved. 

Objects of schools. Section 402. The exclusive purposes 
and objects of each normal school shall be the instruction and 
training of persons, both male and female, in the theory and art 
of teaching, and in all the various branches that pertain to a good 
common school education, and in all subjects needful to qualify 
for teaching in the public schools ; also to give instruction in the 
fundamental laws of the United States and of this state in what 
regards the rights and duties of citizens. 

Model schools. Section 403. Said board shall also estab- 
lish a model school or schools for practice in connection with 
each state normal school, and shall make all the regulations 
necessary to govern and support the same ; and they may in their 
discretion admit pupils to such model schools free of charge of 
tuition. 

Powers of board as to schools. Section 404. The said board 
shall have the government and control of all the normal schools, 
and shall have power therefor : 

1. To make rules, regulations and by-laws for the good gov- 
ernment and management of the same and each department 
thereof. 

2. To appoint a principal and assistants and such other teach- 
ers and officers and to employ such persons as may be required 
for each of said schools ; to fix the salary of each person so ap- 
pointed or employed and to prescribe their several duties. 

3. To remove at pleasure any principal, assistant or other of- 
ficer or person from any ofiice or employment in connection with 
any such school. 

4. To purchase any needful and proper apparatus, books or 
articles to assist in instruction, and to provide for all necessary 
fuel and supplies for. the conduct of such schools. 

5. To prescribe the courses of study and the various books to 
be used in such schools. 

6. To cause notice to be given of the opening of such schools 
and the several terms thereof. 

Y. To prescribe rules and regulations for the admission of 
students ; but every applicant for admission shall undergo an ex- 
amination to be prescribed b^ the board, and shall be rejected if 



'' NORMAL SCHOOLS— DIPLOMAS— VISITORS. 211 

it shall appear tliat he is not of jsrood moral character, or if ap- 
plying as a free pupil will not make an apt or good teacher. 

8. To require any applicant for admission, other than such as 
shall, prior to admission, sign c^nd file with said board a declara- 
tion of intention to follow the business of .teaching common 
schools in this state, to pay or to secure to be paid such fees for 
tuition as the board may deem proper and reasonable. 

9. To cause lectures on any art, science or branch of litera- 
ture to be delivered in any such schools on such terms and con- 
ditions as they may prescribe. 

10. To confer by by-laws upon the principals of the several 
normal schools the power to suspend or expel pupils for miscon- 
duct or other cause prescribed in such by-laws. 

Diplomas and certificates. Section 405. Said board may 
grant diplomas in testimony of scholarship and ability to teach, 
but no such diploma shall be granted until such graduate shall 
have passed a thorough and satisfactory examination in the 
course of study prescribed by the board. When any such gradu- 
ate has, after receiving such diploma, taught a public school in 
this state one year, the state superintendent may, after such ex- 
amination as to moral character, learning and ability to teach as 
to him may seem proper, countersign the diploma of such 
teacher, and thereafter such countersigned diploma shall be evi- 
dence of his qualifications to teach in any common school, and 
shall have the force and effect of an unlimited state certificate. 
The said board mav also, on such conditions as they may deter- 
mine, grant a certificate of attendance certifying that the holder 
has completed the elementary course in a normal school and is 
qualified to teach a common school ; and the said superintendent 
may, upon conditions above prescribed respecting diplomas, 
countersign such certificate, and thereafter such countersigned 
certificate shall be evidence of his qualification to teach in any 
common school of the state, and shall have the full force and 
effect of a limited state certificate. 

Board of visitors. Section- 406. After any state normal 
school shall have commenced its first term, and at least once in 
each year thereafter, it shall be visited by three suitable per- 
sons, not members of the board, but to be appointed by the state 
superintendent, who shall examine thoroughly into the condi- 
tion, organization and management of the school, and shall re- 
port to the said superintendent their views in regard to its suc- 
cess and usefulness and any other matters they may judge ex- 



212 SCHOOL LAWS OP WISCONSIN. 

peclient. Such visitors shall be appointed annnallj',, and their 
report shall bear date of the thirtieth day of May and cover the 
year preceding such date. 

State tax; loans. Section dOGa, (Statutes of 1898 as amended 
by chapter lYO of the laws of 1899, as amended by 
Chap. 370, Laws of 1901.) For the purpose of conductins: and 
maintaining the normal schools, there shall be levied and col- 
lected annually a state tax of "two hundred and fifteen thousand 
dollars" ($215,000) which amount is hereby annually appropri- 
ated to the normal school fund incoiue. The commissioners of 
public lands ma_y loan to the board of normal school regents, 
such part of the normal school fund as they deem prudent, not 
to exceed the sum of sixty thousand dollars ($60,000) such loan 
to be repaid from the income of the normal schools and from any 
appropriations hereafter made for their support and mainte- 
nance as follows, to-wit: the sum of five thousand dollars ($5,- 
000) February 1, 1898, five thousand dollars ($5,000) Febru- 
ary 1, 1899, and ten thousand dollars ($10,000) on the first dav 
of February each year thereafter until said loan is fully paid 
and discharged. 

TEACHERS' INSTITUTES. 

How held and conducted. Sectiok 407. Institutes for the 
instruction of teachers shall be held in each year in such coun- 
ties as mav be designated hj the state superintendent, wdth the 
advice and concurrence of said board, jJ-reference being given 
to such counties as receive the least direct benefit from the nor- 
mal schools. The state superintendent, by and with the advice 
and consent of said board, may make such rules and regulations 
as they shall deem proper for organizing and conducting such 
institutes, and may, by and with the like advice and consent, 
employ an agent or agents to perform such -work in connection 
therewith as by such rules and regulations may be prescribed. 
Each of said institutes shall be held under the direction of such 
agent or agents, assisted by the county superintendent. The 
course of study pursued in such institutes shall, as far as practi- 
cable, be uniform', and be prescribed by the state superintendent 
with the assistance of such agents, but subject to revision by said 
board. 

Appropriation for. SECTiojsr 408, (Statutes of 1898, as 
amended by Chap. 170, Laws of 1899, as amended by Chap. 
371, Laws of 19.01). For the purpose mentioned in the pre- 



NORMAL SCHOOLS— INCOME— REPORT, 213 

ceding section, said board may use sucli sum not exceeding four- 
teen thousand dollars in a year, as it may deem necessary, of 
which not exceeding seven thousand dollars shall be paid from 
the normal school fund income and seven thousand dollars from 
the general fund, and such amounts as shall be so expended are 
' hereby annually appropriated from the said funds respectively. 
The secretary of state shall annually, upon presentation to him 
of the certificates of the president and secretary of the board of 
regents, of the amount expended for the purpose mentioned in 
this section, draw his warrant in favor of the treasurer of said 

board for seven thousand dollars. 

t 

Normal school fund income. Section 409. The normal school 
fund income shall, under the direction and management of the 
said board, be applied and is hereby appropriated to the estab- 
lishment and support of the state normal schools and the pur- 
poses directed in this chapter. 

Regent's report. Section- 410. The president of said board 
shall make to the governor a biennial report, bearing date the 
thirty-first day of August of the year in which the biennial fiscal 
term closes, which shall contain a full and detailed account of 
the doings of the said board and of all their expenditures and of 
all moneys received and the prospect, progress and condition of 
said normal schools and such report, together with the reports of 
the different boards of visitors, shall be transmitted to the legis- 
lature by the governor. 



214 SCHOOL LAWS OF WISCONSIN. 



XIX.-THE STATE SUPERINTENDENT. 



Term and oath. Section 164. The term of office of the 
state superintendent shall be two years. He shall, within twenty 
days after he receives notice of his election, and before entering 
upon the duties of his office, take and subscribe the constitutional 
oath of office, which oath shall be filed in the office of the secre- 
tary of state. 

Assistant superintendent. Section 165. The state superin- 
tendent may appoint under his hand an assistant, who shall take 
the constitutional oath of office, which, with his appointment, 
shall be filed in the office of the secretary of state. Such assist- 
ant shall perform such duties as the superintendent shall pre- 
scribe, not inconsistent with law; and the superintendent shall 
be responsible for all acts of such assistant. 

High school inspector. Section 165(2. He may also appoint, 
in like manner, an inspector of free high schools, who shall assist 
him in visiting, inspecting and supervising such schools and aid 
in giving information and assistance in the organization and 
maintenance thereof in towns where there are no graded schools. 
When he is not engaged in the performance of said duties said 
inspector may be assigned to such duties in the office of the state 
superintendent as the latter may designate. 

Clerks, etc. Section 165&. The state superintendent may 
appoint a chief clerk, who shall, under his direction, have charge 
of the books and correspondence of the office, and who shall ren- 
der such other assistance as the superintendent may direct. He 
may also appoint a library clerk, who shall, under his direction, 
aid in promoting the establishment, maintenance and control of 
school libraries ; an index and filing clerk and a person as clerk 
and stenographer. All such appointments shall be made by writ- 
ing filed in the office of the secretary of state. 



tMg STATE gUPEiftlNTENDENT. 215 

Superintendent's duties. Section 166. The state superin- 
tendent shall have a general supervision over the common 
schools^ and it shall be his duty : 

Inspection of schools. 1. To visit, so far. as practicable, eVery 
county for the purpose of inspecting the schools, awakening an 
interest favorable to the cause of education, and diffusing as 
widely as possible, by public addresses and personal communi- 
cation with school officers, teachers and parents, a knowledge of 
existing defects, and of desirable improvements in the govern- 
ment and the instruction of the schools. 

School books. 2. To recommend the introduction of the most 
approved text-books, and as far as practicable to secure a uni- 
formity in the use of text-books, prohibit the use of sectarian 
books and sectarian instruction in the schools ; to advise in the 
selection of books for school-district libraries, and to open such 
correspondence abroad and attend such educational meetings of 
a national character as he may deem important and as may en- 
ble him to obtain, so far as practicable, information relative to 
the system of common schools and its improvements in other 
states and countries, which he shall embody in his biennial re- 
port. 

School libraries, laws, courses of study. 3. To prescribe rules 
and regulations for the management of school district libraries, 
and the penalty which shall be imposed by district boards for 
any violation thereof; to j)repare for the use of school officers 
suitable forms for making rejDorts and conducting all neces- 
sary proceedings ; to cause the laws relating to common 
schools, with the rules, regulations and forms aforesaid and such 
instructions as he shall deem necessary, to be printed in pamph- 
let form, with a suitable index, and to cause such pamphlets to 
be distributed among the several district and other officers hav- 
ing the care of conaaxLon schools ; to, from time to time, by printed 
circulars and bulletins of information, communicace with 
teachers and school officers relating to matters connected with 
the management of public schools and the administration of his 
office ; to prepare and publish from time to time, as occasion may 
require, courses of study for ungraded and for high schools, 
with such comments and instructions appended as may be 
deemed necessary for distribution to school officers, teachers 
and others interested. The printing herein authorized shall be 
done at the expense of the state by the state printer. 



216 SCHOOL LAWS OF WISCONSIN. 

Appeals. 4. To examine and determine all appeals, wliicli 
by law may be made to liim, according to the laws regulating the 
same, and his decisions thereon shall be final; and to prescribe 
rules of practice in respect thereto, not inconsistent with law. 

Educational works. 5. To collect, in his office such school 
books, apparatus, maps, and charts as can be obtained without 
exjDense to the state ; and also to purchase at an expense not ex- 
ceeding one hundred and fifty dollars a year, to be paid out of 
the state treasury, rare and valuable works on education, for the 
benefit of teachers, authors and others who may wish to consult 
them. 

School fund. 6. To apportion and distribute the school fund 
income as provided by law. 

Copies of papers. 7. To make copies when required by any 
person so to do, of any paper deposited or filed in his office, and 
of any act or decision made by him, and certify the same; and 
he may demand therefor twelve cents per folio. 

Biennial report. 8. To prepare in each even-numbered year 
a report to be delivered by him to the governor, on or before the 
tenth day of December, containing : 

First. An abstract of all the common school reports received 
by him from the several county clerks [county sujjerintendents]. 

Second. A statement of the common schools in this state. 

Third. Estimates and accounts of expenditures of the school 
money. 

Fourth. Plans for the improvement and management of the 
common school fund, and for the better organization of common 
schools. 

Fifth. A statement of his official visits, and of his travels in 
making the same during the past two years. 

Sixth. All such other matters relating to his office, and the 
common schools, as he shall deem expedient to communicate. 

County superintendents' conventions. 9. (As am^ended by 
Chap. 59, Laws of 1899.) To hold at least two conventions 
annually in as many difi^erent and most convenient and acces- 
sible points in the state for the purpose of consultation, advice 
and instruction with county superintendents in regard to the 
supervision and management of the public schools. 

This is an amendmont of subdivision 9, of section 166, of the Wis- 
consin statutes of 189S, While the number of conventions annually 



THE STATE SUPERINTENDENT. 217 

held by the state superintendent for the purpose of consulting with 
the county superintendents is by this act reduced from four to two, 
each convention will remain in session an increased number of days. 

Generally. 10. To pei-form all other duties imposed upon 
him by law. 

Office. Section 167. The state superintendent shall have 
an office in the capitol, where shall be deiDosited all papers and 
documents appertaining to the business of his office, and to which 
place communications on the subject of common schools may be 
addressed to him. ; , 



218 



gCiiOOL LAWS OF wiScdNgiN. 



XX.-CONSTITUTIONAL PROVISIONS. 



(Article 10.) 

Superintendent of instruction, how chosen, powers and compen- 
sation. Section 1. The supervision of public instruction 
shall be vested in a state superintendent, and such other officers 
as the legislature shall direct. The state superintendent shall 
be chosen by the qualified electors of the state, in such manner 
as the legislature shall provide ; his powers, duties and compen- 
sation shall be prescribed by law. Provided, that his compen- 
sation shall not exceed the sum of twelve hundred dollars ^an- 
nually. 

School fund, what is; interest of, how applied. Section 2. 
The proceeds of all lands that have been or hereafter may be 
granted by the United States to this state for educational pur- 
poses (except the lands heretofore granted for the purposes of a 
university), and all moneys, and the clear proceeds of all prop- 
erty that may accrue to the state by forfeiture or escheat, and 
all moneys which may be paid as an equivalent for exemption 
from military duty ; and the clear proceeds of all fines collected, 
in the several counties, for any breach of the penal laws, and all 
moneys arising from any grant to the state where the purposes 
of such grant are not specified, and the five hundred thousand 
acres of land, to which 'the state is entitled by the provisions of 
an act of congress, entitled, "An act to appropriate the proceeds 
of the sales of the public lands, and to grant pre-emption rights," 
approved the fourth day of September, one thousand eight hun- 
dred and forty-one ; and also the five per centum of the net pro- 
ceeds of the public lands to which the state shall become entitled 
on her admission into the Union (if congress shall consent to 
such appropriation of the two grants last mentioned) shall be 
set apart as a separate fund, to be called the "school fund," the 
interest of which, and all other revenues derived from the school 



Constitutional provisions. 219 

■ I 

lands, shall be exclusivelj applied to th.e following objects, to- 
wit: 

1. To the support and maintenance of common schools, in 
each school district^ and the purchase of suitable libraries and 
apparatus therefor. 

2. The residue shall be appropriated to the support and main- 
tenance of academies and normal schools, and suitable libraries 
and apparatus therefor. 

District schools; tuition; sectarian instruction. Section 3. 
The legislature shall provide by law for the establishment of 
district schools, which shall be as nearly uniform as practicable; 
and such schools shall be free and without charge for tuition, to 
all children between the ages of four and twenty years ; and no 
sectarian instruction shall be allowed therein. 

Annual school tax. Section 4. Each town and city shall be 
required to raise, by tax, annually, for the support of common 
schools therein, a sum not less than one-half the amount received 
by such town or city respectively for school purposes from the 
income of the school fund. 

Income of school fund, how distributed. Section 5. Pro- 
vision shall be made by law, for the distribution of the income 
of the school fund among the several to^^ms and cities of the 
state, for the support of common schools therein, in some just 
proportion to the number of children and youth resident therein, 
between the ages of four and twenty years, and no appropriation 
shall be made from the school fund to any city, or town, for the 
year in which said city or town shall fail to raise such tax ; nor 
to any school-district for the year in which a school shall not be 
maintained at least three months. 



FOR THE USE OF SCHOOL OFFICERS. 



No. 1. 



Form of order organizing a new school-district, to be filed with the town 

clerk. 

It is hereby ordei-ed and determined that [here describe the 
territory to be comprised in the district, by sections and parts 
of sections] shall hereafter constitute a school-district, to be 

known as school-district No. — , of the town of . 

Given under our hands, this day of , 19—. 

(Signed) A. B. ^ Supervisors 

C. D. V of the town 
E. F. 3 of . 

Note.— For form of order organizing joint district, see No, 6. 



No. 2. 



Form of notice for the first meeting of a school-district, to be delivered by 
the town supervisors to a taxable inhabitant of the district. 

Having, on the day of , 19 — , formed a new school-. 

district, to be known as school-district No. — , of the town of 

, [or joint school-district No.—, of towns of and 

in case it be a joint district] comprising the following terri- 
tory: [Here insert the description of the district, as in form 
No. 1], you are hereby directed to notify every qualified voter 
of said district to attend the first meeting thereof, which is 

hereby appointed to be held at the house of , in said dis- 

triQt, on the — - day of , J 9—, at — o'clock in the -noon, 

by reading this notice in the hearing of each such voter, or la 



FORMS FOR THE USE OF SCHOOL OFFICERS. 221 

case of absence from his place of residence, by leaving thereat 
a written n>.;tice of the time and place of such meeting, at least 
five days before the time appointed for such meeting, and 
thereof to make d»e return. 

Dated at , this day of , 19—. 

(Signed) A. B. ~\ Supervisors 

C. D. V of the town 
E. F. ) of . 

NoTS. — If it is a joint district, the notice must be signed by the super- 
visors of each town in which any part of the district lies. 



No. 3. 



Form of notice for first meeting, to be left at the residence of a voter when 

absent. 

To A. A. : 

By direction of the supervisors of the town of — , you are 

hereby notified tha? the first meeting of school-district No. 

— , of , recently formed, will be held at the house of 

■ , in said district, on the day of 

19 — , at o'clock in the noon. Your attendance is 

requested. 

(Signed) G. H., 

Person appointed to give notice. 



No. 4. 



Form of return to be endorsed upon notice received from town supervisors, 
on the formation of a school-district. 

I hereby certify that I have notified the following named per- 
sons [h<re give the names in full], personally, and the following 
named persons [here insert namesj by copy, according to the di- 
rections of the within notice. 

Dated this day of , 19_. 

(Signed) G. H., 

Person appointed to give notice. 



222 SCHOOL LAWS OF WISCONSIN. 



No. 5. 

Form of notice for a meeting of a school-district to be deliverg^ by tfeg 
town supervisors, to a taxable inhabitant, in case there is no officer to 
call a meeting. 

To A. B., a taxable inhabitant of school-district No. — , of : 



You are hereby directed to notify every qualified voter of 

school-district, No. — , of , to attend a meeting thereof, 

"which is hereby appointed to be held at the Jiouse of , 

in said district on the day of , 19, — , at o'clock 

in the noon, by reading this notice in the hearing of such 

voter, or in case of absence from his place of residence, by leav- 
ing thereat a Avritten notice of the time and place of such meet- 
ing, at least five days before the time appointed for such meet- 
ing. The following is a description of said district: [here de- 
scribe the district as in form No. l.J 

(Signed) A. B. "^ Su^rvisors 

C. D. y of Kie town 
E. F. j of . 

Note — If it is a joint district, tlie notice must be signed by the super- 
visors of each town in which any part of the district lies. 



No. 6. 

Form of order organizing a joint school-district. 

It is hereby ordered and determined that [here describe the 
territory by sections and parts of sections] shall hereafter con- 
stitute a school-district, to be known as joint school-district 

No. , of the towns of [here insert the names of all the towns 

in which any portion of the district is situated]. 

Given under our hands, this day of , 19 — . 

(Signed) A. B. '\ Supervisors 

C. D. V of the town 
E. F. 3 of . 

G. H. ") Supervisors 
I. J. V of the town 
K. L. 3 of . 

Note. — The above order must be signed by at least two supervisors from 
each town affected by it, and a copy must be filed with the to^u clerk of 
gach town. 



FORMS FOR THE USE OF SCHOOL OFFICERS. 223 



No. 7. 

Form of acceptance of office by district officers elected at the first meeting 
after the formation of a district, to be filed with the clerk of the meet- 
ing. 

I hereby signify my acceptance of the office of , of 

school-district No. — , in the town of , to which I have 

been elected. 

Dated this day of — — , 19 — . 

(Signed) G. H. 



No. 8. 



Form of notice to be given to the district clerk when alteration of the 
boundaries of a distri'ct is contemplated. 

To C. D. , Clerk of school-district No. — , of town of : 



You will take notice that we shall be present at [here mention 

the place], on the day of , 19 — , at — o'clock in 

the noon, to hear and decide upon certain proposed altera- 
tions of the boundaries of said school-district. 

Dated this day of , 19^-. 

(Signed) A. B. ") Supervisors 

C. D. V of the town 
E. F. 3 of . 

Note. — In case of a joint district, the above notice must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district or districts to be affected by the proposed alteration. 



No. 9. 

Form of order for altering the boundaries of a school- district.* 

It is hereby ordered and determined that the [here describe 
Ihe territory by sections and parts of sections], now part of 

school-district No. , of the town of , be and hereby is 

r-.iucii irom said school-district, and attaclied to and made a ])art 



224 SCHOOL LAWS OF WISCONSIN. 

of school-district No. , of said towa for all purposes whatso- 
ever. 

This order will take effect on the day of , 19 — . 

Given under our hands the day of , 19 — . 

(Signed) A. B. ) Supervisors 

C. D. I of the town 
E. F. 3 of . 

Note 1. — The above order mu.st be filed with the town clerk and the dis- 
trict clerk; and in case of a joint district the order must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district and hied with the tov/n clerk of each town, and the district 
clork of each district affected by the alteration. 

NoTK 2. The board of each district affected by the alteration may en- 
dorse their consent on the order as follows: 

We hereby consent to the alteration made in school-district 

No. — , of the town of -, agreeably to the within order of 

the town supervisors of said town. 

(Signed) G. H. , Director, ") Of said school-district 
E. F. , Treasurer, V No. — , of the town 
C. D., Clerk, ) of . 

Note. — V/hen such consent is not endorsed upon the order, it will not 
take effect until three months after its date, and no order can be made to 
take effect between December 1, and April 1 immediately following. 



No. 10. 



Form of order of town supervisors awarding proportion of value of property 

to new district. 

To the district clerk of school-district No. — , of the town of 



Having formed a new school-district, No. , of the town 

of , in part [or wholly] from the territory of your district, 

we have ascertained and determined the proportion of value of 
the school house and other property, justly due to such new 
school-district from your district, retaining such schoolhouse and 

other property to be dollars. You are therefore to raise 

and colled by tax, upon the taxable property of you^* district, 

the said sum of dollars, and when collected pay the same 

to the treasurer of said new district. 

Given under our hands this day of , 19 — . 

(Signed) E. F. ("Supervisors 

C. D. } of the town 
A. B. (of . 

Note. -In the case of a joint district, the above notice must be signed by 
a. majority of the supervisors of each town embraced, in part, in the dis- 
trict, 



FORMS FOR' THE USE OF SCHOOL OFFICERS. 225 

No. 11. 
Form of notice for annual district meeting. 

Notice is hereby sfiven to the qualified electors of school-dis- 
trict No. — , of the town of , that the annual meeting of 

said district for the election of officers and the transaction of 
other business, will be held at , on the first Monday, be- 
ing the day of July, at 7 o'clock in the afternoon [unless 

some other hour was determined upon by the district at the 
previous annual meeting]. 

Dated this day of , ly — . 



(Signed) 



C. D., 

District Clerk. 



Note. — The above notice must be affixed to the outer door of the school- 
house, if there he one in the district, and. must be posted up in at least 
three other public places, at least six days before the time appointed for 
the meeting. 



No. 12. 

Form of notice for an adjourned district meeting, when such meeting has 
been adjoui-ned for a longer period than one month. 

Notice is hereby given, that a meeting of the qualified elec- 
tors of school-district No. — , in the town of , will be 

held at , in said district, on the — day of , 19 — , 

at — o'clock in noon, pui-suant to adjoHrnm-ent. 

Dated 'this — day of , 19—. C. D., 

(Signed) District Clerk. 

Note — The foregoing must be posted the same as for the annual meet- 



No. 13. 



Form of request for clerk to call a special district meeting. 
To A. B., clerk of school-district No. — of the town of - 



Sir— You are hereby requested to call a special meeting of 

the ."ibove district on the day of , 19—, at 

15 



226 SCHOOL LAWS OP WISCONSIN. 

o'clock in tlio noon, for the purpose of [here state the 

business to be transacted]. 

(Signed) A. B 

C. D. 

E. F. 

G. H. 

I. J. 

Note. — The above notice must be signed by at least five legal voters. 



No. 14. 

Form of notice for special district meeting, i 

Notice is hereby given to the qualified electors of school- 
district No. — , in the town of , that a special meeting of 

said district will be held at , on the day of , 

19: — J at '- o'clock in the noon, for the following objects: 

[Here particularly specify each item of business to be acted 
upon.] 

(Signed) C. D., 

District Clerk. 

Note. — The above must be posted as for an annual meeting, and in case 
it is intended to raise a tax, or vote a loan, three-fourths of the legal voters 
must be personally notified of the meeting, or a copy of the above notice 
must be let at their places of residence, rrt least six days before the time 
appointed for the meeting. 



Form of notice for special school meeting for the purpose of authorizing 
the district board to borrow money from the trust funds of the state, and 
to vote the taxes required by law to be voted, in order to obtain such loan. 

Notice is hereby given to the qualified voters of school- 
district No. — , town of , that a special school meeting of 

said district will be held at — , in said district on the — — 

dav of , 19 — , at o'clock P. M., for the purpose of vot- 
ing on the followinl, propositions, viz. : 

'1st. To authorize the school board to make application for a 

loan of dollars from the state trust funds, payable in 

years, with interest at the rate of per cent, per 

annuntj payable annually in advance, for the purpose of build- 
ing a schoolhouse. 



FORMS FOR THE USE OF SCHOOL OFFICERS. 227 

2d. To raise by tax a sum sufficient to pay the principal and 
interest of such loan as it becomes due. 

3d. To raise by tax the sum of dollars, to be collected 

in the tax for the year to aid in building a schoolhouse. 

(Signed) ■, 

Dated . District Clerk. 



No. 15. 



Form of notice to be given by the clerk of a school-district meeting to the 
offlcers 'felect who were not present at the meeting. 

To : 



You are hereby notified that at a meeting of school -district 

No. — , in the town of , held on the day of , 19 — , 

you were duly elected of said district. 

Dated this day of , 19 — . 

(Signed) C. D., 

Clerk of said meeting. 

Note. — This notice is required to be given within five days after the 
meeting, and only to those persons eleeted to office who were not present 
at the time. 



No. 16. 

Fona of refusal to accept district office, to be filed with the clerk of the 

district. 

To the clerk of school-district No. — -. — , in the town of 



You are hereby notified of my refusal to accept the office of 
■, to which I was elected at the meeting of said district, 



held on the day of , 19 > — 

(Signed) ^. -H. 

Note.— This notice of refusal must be filed within ten days after the 
election, or the person will be deemed to have accepted the office, and bg 
liable for non-performance of duty. 



228 SCHOOL LAWS OF WISCONSIN. 

No. 17. 
Form of an appointment to fill a vacancy in tltc ciisLrict boarJ. 

To A. B. : 

The office of [clerk, director, or treasurer] of school-district 

No. , of the town of , having become vacant, you are 

hereby appointed to fill such vacancy until the next annual 
meeting in said district. 

Dated this day of — ■ — . 19 — . 

(Signed) G. IT., Director. 

E. 1^'. , Treasurer. 
[Or other members of the board as the case may oe. ] 

Note. — It requires two members cf the board to make c.a appo n'm^nf. 
If they neglect for ten days to fill ti: e Vcicaiicy, it must be c one by the town 
clerk, after the following form; in either case the axjpohitment must be 
tiled with the district clerk. 



No. 18. 
Form; when the town clerk appoints. 

To A. B. 1 

The office of [clerk, director or treasurer] of school-dip.trict 

No. ; of the town of , having become vacant, and' the 

district board of said district having failed to fill the same 
within ten days you are liereby appointed to fill such vacancy 
until the next annual meeting of said district. 

(Signed), C D., Town Clerk. 

Note. — In case a vacancj' in a joint district is to be filled by the tovv'n 
clerk, the appointment is to be made by the clerk of the town containing 
the schoolhouse. (See sec. i33.) 



No. 19. 

Form of refusal to accept a district office by appointment. 

To the district board of school-district No. [or the town 

clerk as the case may be], of the town of : 

You are hereby notified of my refusal to accept the office of 



FORMS FOR THE USE OF SCHOOL OFFICERS. 229 

of fcliool -district No. , of said town, to wlxica I wilj 

ap})ointcd by you on the day of , l<j — . 

Dated this day of , 19 — . 

(Signed) G. II. 

Note. — The notice of refnflal must be 15 led with the clerk or director 
within five days after the appointment, or the person shall be deemed to 
have aceei^ted the office, aiid' be liable to a fine for non-jjerrormance of 
duty. 



No. 20 (deed or lease). 

Form of deed of a schoolhouso site. 

Know all men by these presents, that I, A. B. [and C. B., 

his wife, if married], of the town of , in the couut}'^ of , 

in state oif Wisconsin, party of the first part, for and in consid- 
eration of the sum of dollars to them in hand paid by the 

district board of school-district No. — — , of the town of ■ — — , 

county of , and state aforesaid, the receipt whereof is 

hereby acknowledged, do hereby grant, bargain, sell and con- 
vey to the said school-district, party of the second part and 
their assigns, the following described piece of land, namely: 
[Here, insert description of land,] together with all the privi- 
leges and appurtenances thereunto belonging: To have and to 
hold the same to the party of the second part and their assigns 
forever; and the said party of the firs-t part for themselves, 
their heirs, executors and administrators, covenant, bargain, 
and agree, to and with the said party of the second part and 
their assigns, that at the time of the sealing and delivery of 
these presents, they are well seized of the premises above con- 
veyed*, as of good, sure, perfect, absolute, and indefeasible 
estate of an inheritance in the law in fee simple and that the 
said lands and premises are free from all incumbrances whatso- 
ever, and that the above bargained premises in the quiet and 
peaceable possession of the third party of the second part and 
their assigns, against all and every person or persons lawfully 
claiming, or to claim, the whole or any part thereof, the said 
party of the first part wilh forever warrant and defend. 

In witness whereof, the said A. B. and C. B., his wife, party 
of the first part, have hereunto set their hands and seals, this 
day of , A. D, It)— . 

Signed, sealed and delivered "^ A. B. [seal.] 

in presence of E. F. I C. B. [seal.] 

G. H. ) 

Note. — Such deed should be duly acknowledged before a notary public, 
justice of the peace, or other ofBcer aiithorized by law to take such ac- 
knowledgment, and recorded iu the office of the register of deeds for the 
county. 



230 SCHOOL LAWS OF WISCONSIN. 



FORM OF LEASE. 

Know all men by these presents, that A. B., of the town of 
— , in the countv of , in the state of Wisconsin, of the 



first part, for the consideration herein mentioned, does hereby 

lease unto "school-district No. — , of the town of , " county 

of , in the state aforesaid, party of the second part, and 

their assigns, the following described parcel of land: [Here in- 
sert description of lar.d.] Together with. all the privileges and 
appurtenances thereunto' belonging: To have and to hold the 

sanae for and during the term of years, from the day 

of , A. D. T9 — ; and the said party of the second part for 

themselves and their assigns, do covenant and agree to pay to 
said parly of the first pare, for said premises, the annual rent 

of dollars. 

In testimony whereof, the said parties have hereunto set their 

hands and seals, this day of , 19—. 

A. B., Lessor, [seal.] 

C, D. ^ District board of school- 

E. F. C district No. , of the 

Gr. H. ) town of . 



No. 21. 



Form of contract between district and teacher. 

It is hereby agreed between school-district No. , of the 

town of , and L. M., p. qualified teacher of the county of 

, [or superintendent district No. , of the county of 

, as the case may be], that the said L. M. is to teach the 

common school of said district for the term of [here insert the 

time,] for the sum of per month, commencing on the 

day of , 19 — , it being understood and mutually agreed that 

days shall constitute a month; and for such services prop- 
erly rendered, the said district is to pay to the said L. M., the 
amount that may be due according to this contract, on or be- 
fore the day of , 19(— . 

Dated this day of , 19 — . 

(Signed) 

A. B. ; Director. 

C. D. , Treasurer. 

E. F., Clerk. 

L. M., Teacher. 

If the teacher holds a limited certificate, for a single town or district, the 

contract may read: "a qualified teacher of said town," or "said district." 

In case the teacher is employed in a graded school, the particular de 



Jt>RMS FOR THE USE OP SCHOOL OFFICERS. 231 

partmcnt for which he is engaged may be specified, and the contract may 
ip;;d: "• ■ dolJais per week," if hired by the week. 

By section 45'J printed on page 71 of this code, it will be seen that 20 
days constitute a teacher's month, .unless otherwise specified in the con- 
tract. Wiit-ii the tea ;ner is hired at so much a month it is best always to 
specify in the contract how many days of teaching shall be considered a 
month. 

All legal holidays count as school days for both teacher and district, if 
they come on a day when school would otherwise be taught, but as the 
law now provides Saturdays are not to be counted. If a legal holiday oc- 
curs on Sunday, the succeeding Monday is a legal holiday. 

If the teacher is expected to build the fire, or cleanse or otherwise care 
for the schoolhouse. it should be so stated in the contract. If not spe- 
cially provided for, the district board must provide for janitor service. 

If the teacher expects the wages to be paid in monthly installments, or 
in partial payments of any kind, that should be clearly stated in the con- 
tract. 

The contract must be signed by at least two members of the board, and 
cannot lawfully be made, until a meeting of the board has been held. A' 
copy of the certificate held by the teacher must be attached to the contract. 
See section 438. 



No. 22. 

Form of bond of district treasurer to be filed with the district clerk. 

Know all men by these presents, that we, E. F. , treasurer of 

school-district No. - — , of the town of -, and L. M., his 

surety, are held and firmly bound unto said school-district in 
the sum of | here insert a sum of double the amount to come 
into the treasurer's hands, as near as can be as'certainedj to be 
paid to the said school-district, for the payment of which, well 
and truly to be made, we bind ourselves, our hoirs, executors, 
and administrators, jointly and severally, firmly by these 

presents. Sealed with our hands and dated this day of 

, ii. D, lc>— . 

The condition of the above obligation is such that if the said 
F. F. , treasurer as aforesaid, shall faithfully discharge the du- 
ties of his office as treasurer of said school-district, and shall 
well and truly pay over to the person or persons entitled 
thereto, upon the proper order therefor, all sums of money 
which shall come into his hands as treasurer of said district, 
and shall, at the expiration of his term of office, pay over to 
his successor in office all moneys remaining in bis hands as 
treasur(?r aforesaid, and shall deliver to his successor all books 



og2 SCHOOL LAWS OF WISCONSIN. 

and papei's appertaining to his said office, then this obligation 
shall be void, otherwise of full force and virtue. 
. Signed, sealed and delivered in ^^ E. F. [seal.] 

• presence of R. S. [■ L. M. [seal.] 

G. U. 



Form of approval to be endorsed on the bond of treasurer. 

We approve of the within bond and surety. 

(Signed) G. H., Director. 

C. D., Clerk. 



No. 23. 
Form of notice to treasurer to furnish additional security. 
To A. B., treasurer of district- school No. : 



Sir. — Deeming the security upon your bond insufficient to 
protect the district against loss, we hereby require you to fur- 
nish a new bond in" the sum of $ , with sureties to be ap- 
proved by us, within ten days of the date hereof. 

Dated this day of 19—. 

(Signed) C. D. , Director. 

E. F., Clerk. 



No. 24. 
Form of order on treasurer for nTonej-s to be disbursed by school-district. 

To A. L>. , treasurer of school-district No. ■ — , in the town 

of : 

Please pay to the sum of dollars for here 

specify the object for which the money is to be paidj, out of any 
money in your hands, not appropriated, belonging to the [here 
name the fund on which the ordei' was drawn], of said dis- 
trict. 

Dated this day of , 19 — . 

(Signed) CD., District Clei^. 

G. H., Director. 



FORMS FOR THE USE OF SCHOOL OFFICERS. 233 

Ko. 25. 

Form of school register to be kept by the teacher of each school. 

The reo-ister furnislied by the disti-ict should be one arranged 
in four parts. The first part should consist of blank pag'es for 
entering the daily program of recitation and study. The fol- 
lowing is a model page of this part: 



DAILY PROGRAMME OP RECITATION AND STUDY. 

For term from to 190 . . 

Teacher. 



R;3 CITATIONS. 


Text-Books. 


Study and Work. 


Beginning. 


in 
O 


g 
3 




\ 




Branch. 


Book. 


Primary 
Form. 


Middle 
Form. 




Hr. 


Min. 


Upper 
Form. 



















































































































































234 



SCHOOL LAWS OP WISCONSIN. 



The second part of the register should consist of blank pages 
for entering tlie school number, name, age, sex, daily attend- 
ance and tardiness of every pupil vyho attends the school, with 
a blank column at the righC of the page, if desired, for a monthly 
summary, and one for "remarks." Following is a model for 
this section. Usually there is space for four months of record 
upon two contiguous pages. 



Teachers' Daily Register for the term commencing , and ending 

, 190 -. 



School Months, from to 



-, Teacher. 





6 

a 


< 


Sex. 


o 





CD 

-3 


m 

B 




g 
1 






B 






Monthly 
Summaries. 






_a5 
1 


a 

CD 






a 
p 
12; 


C 
© 
03 

ft 

03 
>^ 

Q 


03 
03 


03 

a 


Remaeks. 












































































































































' 



















































































SttRMS FOR THE USE OF SCHOOL OFFICER^. 



235 



The third part of the register should consist of blank pages 
for shovi^ing the classification of the school, and recording the 
progress aad standing of each pupil in the several branches of 
study pursued. Following is a model page of this section, 
which can be repeated for each class in the school: 



FIRST (OR SECOND, QR THIRD) CLASS IN GEOGRAPHY. 



Winter (or spring or fall) Term, beginning ending 

Class commenced Geography, and advanced to page. 



d 


Name. 


d 
< 


Entered. 


Left. 


Passed 

over 
pages. 


a 


Pre- 
pared to 
go on 
from. 


Remarks. 


1. 
2. 


John Jones 
Jane Smith 


15 
13 


Nov. 1 
Nov. 8 


March 5 
March 8 


19-78 
25-68 


100 

68 


Page 78. 
Page 68. 


Studious. 
Inclined to 
be frivo- 


3. 


H. Peters.. 


14 


Nov. 10 


March 5 


19-66 


100 


Page 66. 


lous. 
Mother sick. 
Made up all 
gone over 
to Nov. 10. 
Will prob- 
ably make 
up during 
vacation to 
page 78, so 
as to go on 
with class. 



The fourth part of the register should consist of a pupil's 
record for the school year, or ledger, which w^ill be statistics 
posted from the daily register, and upon which the clerk may 
depend for making up his annual report for the town clerk. In 
this record a pupil's name should be entered but once in any 
one school year. In all the series of records each pupil should 
be given a school number, which he should carry through tLe 



236 



SCHOOL LAWS OF WISCONSIN. 



school year, whether attending school much or little, and this 
number should be assigned to no other pupil during that year, 
Following is the form of this section that may be used: 



Pupils' Eecord for the School Year commencing 
ending , 190—. 



, 190—, and 





Name. 


6 
<1 


Sex. 


1st Month. 


2nd Month, 




No. 


1 


6 

a 


a 

M 
0!] 

P. 


a 
m 

m 
P 


a 
H 
m 

CD 

a 




a 

< 

ux 
P 


1 

CO 

a 


Remarks. 





































































































































































Notes. — In filling up the daily register, the teacher will, of course, use 
her own preference in signs. The following are suggested: To indicate 
presence in the morning this mark — ^•, to indicate presence in the after- 
noon this mark — "■^; so that if the pupil is present morning and after- 
noon this sign will appear against the name for that day — X- If tardy in 
the morning the nuriiber of minutes may be placed in the upper angle, 

thus— X; if tardy in the afternoon, mdicate m the same way thus — f^. 

The teacher should take the age of the child, when taking the name, and 
indicate the sex, as initial letters fail to give the necessary information. 

The teacher should carefully add the columns in the daily register at 
the end of each month, which need to bg transferred to the ledger, and 
enter' the summary therein accurately and legibly. 

It is very desirable that each district in the state be folly and accurately 
reported. If one district in a tov/n fails to report fully, the whole town 
suffers from this failure, in comparison with other towns that may be fully 
reported. 

Tha,t the register be neatly kept, it Vv^ill be best for the teacher to use a 
small blank book, in v/hich may be registered the absences for the day, 
and then at night the register may be properly filled and footed. 

Forms of school registers are now published, which are so arranged that 
all the foregoing items are condensed and kept in a single book. In pro- 
curing registers school officers should consult teachers or superintendent, 
and purchase only such as are best adapted to simple yet complete records. 



FORMS FOR THE USE OF SCHOOL OFFICERS. 



No. 26. 



Form of notice to town treasurer of apportionment of school moneys by 

the town clerk. 

Treasurer of the town of — - — : 



You are hereby notified that I have apportioned the school 
moneys now in your hands, to the different districts of the town, 
as follows: 



To district No. 1 

do 2 

do 3 

do 4 

do 5 



To district No. 6 

do 7 

To joint dist. . .1 

do 2 

do 3 



Dated this 



(Signed) 



day of 



19- 



Town Clerk. 



Note. — Immediately upon the receipt of the certificate of the town 
treasurer, of the amount in his hands (See form ^io. 27), the clerk shall 
proceed to apportion it among the severtil districts of the town from which 
reports have been received according to Jaw, and thereupon he must notify 
the treasurer as above, that he may pay the moneys to the treasurers of 
the districts entitled to the same. 



No. 27. 



Form of certificate of town treasurer of moneys in his hands subject to 

apportionment. 



To the town clerk of the town of : 

I hereby certify that there is now in my hands the sum of 
$ , school moneys, subject to apportionment to the school 



districts entitled thereto. 

Dated this day of 

(Signed) 



19—. 



A. B., 
Town Treasur-er. 



238 



SCHOOL LAWS OF WISCONSIN. 



No. 28. 



Form of report of town clerk to the county superintendent, of the names 
and post ofnce addresses of the district clerks in his town. 

To the county superintendent of schools of the county of- 



Sir: — I hereby report to you the names of the school-district 
clerks in the town of , and their addresses, as follows :■ 



District. 


Name of Clerk. 


Postofflce. 


No. 1, 


A. B 




No. 2... 


0. 




No. 3 


E. F 




No. 4 


G. H 




No. 5 . . . 


I. K.. ...:.. 




No. 6 


L. M 




Joint No. 1 


N. 






2 


P. R 






3 


S. T 













(Signed) 



A. W., Town Clerk. 



Note. — The town clerk must report his own name and postofBce to the 
county superintendent within ten days after the said clerk's election, or 
appointment, and the name and office of each district clerk in his town, 
within ten days after the filing of the same in his office. 



No. 29. 



Form of determination of relative proportion of taxes to be assessed upon 
the diiferent parts of a joint district, situated in two or more towns. 



Upon the application of A. B., C. D., and E. F. 
in joint school-district No. ■ — , of the towns of — 



tax- payers 

. and , 

we have made the necessary inquiry and examination, and do 
hereby determine that for every dollar of district tax to be 
hereafter levied upon that portion of the district, the sum- of 
cents shall be assessed upon that portion of the district 



FORMS FOR THE USE OF SCHOOL OFFICERS. 239 

lying in the town of , and — — cents upon that part lying 

in the town oi: • . 

Dated this day of , 19 — . 

(Signed) G. H., r Assessors 

J. K., ^ of 
L. M. 



N. O., r Assessors 
P. R.J of 
S. T., ( — 

NoTK. — If assessors cannot agree, and the supervisors, or supervisors 
and chairman c4' an adjoining town are called to act, they will also sign the 
above. See section 471. 



Iso. 30. 



Form of stateiijent of the amount of taxes voted to be raised in a school- 
district, to be delivered by the district clerk to the town clerk. 

To R. S., town clerk of the town of . 



The amount of taxes voted to be raised in school -district JSTo. 

. — , of the town of , at the last annual meeting of said 

district, held on the day of July, 19—, is [write the 

amount in words] dollars; which amount you are requested to 
assess upon the taxable property therein. 

Dated this day of , 19' — . 

(Signed) ' CD., 

Clerk of School District No. — , of the town of -. 



State or Wisconsin, County of , ss. 

C. D., being duly sworn, on oath says that he is clerk of 

school -district No. — , of the town of , and the above 

statement by him made of the amount of taxes voted to be 
raised by said school-district therein is true. 

(Signed) C. D. 

Subscribed and sworn to before me this day of , 

19 — 

(Signed) J. P., 

Justice of the Peace. 

Note. — If a district has been lately organized and a tax was voted at 
the first meeting, as well as at the annual meeting, that should be stated; 
also any tax voted at a special meeting, held between the tirne of th3 ai^-. 
nual meeting and the third Monday of November following. 



240 SCHOOL LAWS OP WISCONSIN. 



No. 31. 

Form of statement of the amount of tnxes voted to be raised in a joint dis- 
trict, to be delivered to the clcik of ciich town in which any part of 
the district is situated. 

To R. S., town clerk of the town of : 



The amount of taxes voted to be raised in joint school-district 
No. — , of the towns of and , at the last annual meet- 
ing of said district, held on the day of July, 19 — , is 

[write the amount in, words] dollars; and the proportion of that 
amount to be raised in that part of said district which lies in 

the town of , is [write the amount in words] dollars, which 

you are requested to assess upon the taxable property therein.. 
(Signed) CD., 

Clerk of Joint School-district No. — 

Of the towns of and . 

Note. — Attach affidavit of the district clerk similar to the one given in 
form No. 30. 



No. 32. 

Form of application to board of supervisors to establish a schoolhouse site. 

To the board of supervisors of the town of : 

At a regular meeting of school-district No. — , it was decided 
by a vote of a majority of the electors present, to apply to jour 
honorable board to establish a schoolhouse site for said district. 
The district has selected [here describe the location of the site 
selected], but is unable to obtain the same, for the reason 
Lhat th3 owner of the land selected will neither lease nor sell 
the same to the said district [or that the owner is a non-resi- 
dent]. 

(Signed) A. B., 

District Clerk. 



FORMS FOR THE USE OF SCHOOL OFFICERS. 241 



No. 33. 

Form of certificate of district clerk that the notice lor the meetujg of the 
supervisors to establish a schoolhouse site has been given. 

To the board of supervisors of the town of : 

I hereby certify that on the — ■ — day of , I served the 

following notice upon the owner and occupant of the land therein 
described: [Here insert the notice in form 34.] 

Dated this day of , 19 — . 

(Signed) A. B., 

District Clerk. 

Note.— In case there is no account of the land selectr d for a site, and 
the owner is unknown or resides out of the state, the notice must be pub- 
lished in the nearest newspaper, for six weeks previous to the meeting of 
the board of supervisors, and the above certificate must state the facts of 
such publication, instead of personal service. 



No. 34. 



Form of notice for meeting of supervisors to decide upon an application to 
locate and establish a schoolhouse site. 

The undersigned will be present at , on the days 

of , at — '■ — o'clock in the noon, to_ decide upon the 

application of school-district No. — , for the location and estab- 
lishment of a school house site for said district upon [here de- 
scribe the lands upon which it is proposed to establifJi a site.] 

Given under our hands, this day of , 19- — . 

A. B., ~\ Supervisors 
C. D. , t of the town 
E. F. 3 of . 

Note. — In case the application is made by a joint district, the supervis- 
ors of all the towns in which any part of the district is situated must sign 
the above notice and be present at the meeting to establish the site. 



No. 35. 



Form of certificate of action of town board of supervisors in locating and 
establishing schoolhouse site. 

We hereby certify that on the day of , A. D, 19 — , 

we located and established a schoolhouse site for school-district 



242 SCHOOL LAWS OF WISCONSIN. 

No. — , comprising the following described territory [here de* 
scribe the lands taken for a site according to the survey of the 
same],- and award the sum of dollars in full as compensa- 
tion to the owner [if there are two or more owners of the lands 
taken, specify the amount awarded to each], of the lands thus 
taken for said schoolhouse site. 

Dated this day of , 19 — . 

(Signed) A. B., ^ Supervisors 

C. D., >• of the town 
E. F.,3 of . 

Note.— The certificate of the action of town boards of supervisors in 
locating and establishing an addition to a schoolhouse site will be the same 
as above, except that in the second line, after the word "established," the 
word "a " will be omitted, and the words " an addition to the " will be in- 
serted; and the last two lines will be made to read " taken for said addi- 
tion to said schoolhouse site." 

tt^= Duplicates of the above certificates must be made out, and one of 
them must be delivered to the owner or occupant of the land taken, and 
the other to the district clerk of the district, who must have the same re- 
corded in the office of the register of deeds of the county in which the site 
is situated. 



No. 36. 



Form of certificate of the sheriff of a vacancy in the office of county super- 
intendent of schools. 

To , State Superintendent: 

Sir: I hereby certify that a vacancy in the office of county 

superintendent of schools for county, Wisconsin, occurred 

on the day of , 19—, by [here state the cause of the 

vacancy, whether by death, resignation, removal from the 
county, or the removal from office of the incumbent]. 

Given under my hand and seal of office, this day of , 

19—- . ^ 

(Signed) ' A. B., 

Sheriff of County, Wisconsin. 



No. 37. 



Form of a certificate of a county clerk, of the division of a county mto two 
superintendent districts, and of a consequent vacancy m the office of 
county superintendent of schools. 

To , State Superintendent: 

Sir: I hereby certify that on the day of , 19_, 

the board of supervisors of the county of , divided sai<S 



FORMS FOR THE USE OF SCHOOL OFFICERS. 



243 



county into two superintendent districts; that they have de- 
termined that the present county superintendent shall have 
jurisdiction of district No, — , and that district No. — , there- 
fore remains vacant. 

Given under my hand and seal of ofl&oe, this day of , 

19^. 

(Signed) A. B., 

Cc^unty Clerk of County, Wisconsin. 



No. 38. 



Form of statement of number of children of school age in a county, made 
by county superintendent for county treasurer, and county clerk. 

I 
To A. B., treasurer [or, clerk] of the county of 



SiR : — The following is the number of children over the age 
of four and under the age of twenty years, in those districts of 
the several towns in this county [or superintendent district as 
the case may be] which have maintained school for six or more 
months the past school year, as returned to me by the town 
clerks : 



Town. 


I^umber of Children. 


Town. 


Number of Children. 


A 




D 




B 




E 




C 




F 













Dated this fifteenth day of August, 19 — . 
(Signed) 

County Superintendent of Schools for 



G. H., 

County, 



Note. — The above statement must be filed with the county treasurer 
and county clerk on or before the fifteenth day of August in each year. 



No. 39. 



Form of notices to teacher and district clerk of the intention of the county 
superintendent to annul said teacher's certificate. 

To A. B., teacher in school-district No. — , town of : 

Sir: — You are, hereby notified that it is my intention to 



244 SCHOOL LAWS OF WISCONSIN. 

annul the certificate of qualification now held by you as a 
teacher. 

(Signed) B. B., 

County Superintendent of Schools for County. 

To E. F., clerk of school-district No. — , of the town of 



Sir: — You are hereby notified that it is my intention to 
annul the certificate of qualification held by , now em- 
ployed in teaching in your district. 

Dated this day of , 19 — . 

(Signed) B. B., 
County Superintendent of Schools for County. 

Note. — The above notices must be served upon the teacher and district 
clerk at least ten days before the certificate is annulled. 



No. 40. • 
Form of annulment of teacher's certificate and notice to town clerk. 

To A. B. : 

Sir: — The certificate of qualification held by you as a com- 
mon school-teacher in the county [or superintendent district or 

townj of , issued on or about the day of , 18 — , 

is hereby annulled. 

Dated this day of , 19 — . 

(Signed) C D., 
County Superintendent of Schools for County. 

NoTj;^ — Tiie above annulment will not take effect until the following- 
notice has been filed with the town clerk of the town in which the teacher 
whose certificate is annulled is engaged in teaching. 

To the town clerk of the town of : 

Sir: — You are hereby notified that on the day of , 

A. D. 19 , I annulled the ceitificate of qualification held by 

A. B., a teacher of your town, for the reason that in my opin- 
ion the said A. B. does not possess the requisite qualifications 
as a teacher in respect to [moral character, learning or ability 
to teach, as the case may be]. 

Dated this day of — , 19 — • 

(Signed) CD., 

' County Superintendent of Schools for the County 
of . 



FORMS FOR THE USE OF SCHOOL OFFICERS. 245 



APPLICATION FOR DICTIONARIES. 



No. 41. 

Form of application for first supply of a school-district. 

State OP Wisconsin, County of , ss: 

, beiirg duly sworn, deposes and says that district 

No. — , in the town of , county of , has never been 

supplied with V/ebster's International Dictionary, by the state, 

as provided by law. , • 

District Clerk. 

Post office . 

Subscribed and sworn to before me"' 
this day of , 19 — . 



Send by express to , care of 



Note. — The dictionary formerly known as " Webster's Unabridged Dic- 
tionary" is now known as "Webster's International Dictionary." No 
district heretofore supplied with a dictionary under the former title will 
be entitled to a dictionary for re supply /ree of charge under the present 
title. See section 509. 



No. 42. 

Form of application for supply of additional departments, 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the fol- 
lowing department — ■ in district No. - — ■, in the of , in 

the county of , ha — never been furnished with Webster's 

International Dictionary by the state, as provided for by law; 

department — unsupplied, ; department — heretofore 

supplied, . 



District Clerk. 
Post office - 



Subscribed and sworn to before me, "^ 
this day of , 19 — . I 



Send by express to , care of 



246 School laws op Wisconsin. 



]Sv. 43. 

Form of application for supply of additional departments in cities. 

State of Wisconsin, , County, ss. 

, being duly sworn, deposes and says that the pub- 
lic schools in the city of , county of , embrace — 

distinct departments, in as many different rooms (not including 
recitation roomsj, under different teachers, and that the follow- 
ing departments in said schools have never been supplied with 
Webster's International Dictionary, as provided bj law: 



Departments unsupplied. 


Departments heretofore supplied. 























City Superintendent. 
Subscribed and sworn to before me^ 
this day of , 19 — . 



Send by express to — ■ — , care of 

I No. 44. 

Form of application for dictionaries by the secretary of a town board. 

State oe Wisconsin, County of , ss. 

'■ , being duly sworn, deposes and says that the fol- 
lowing subdistrict — , in the town of , county of ha — 

never been supplied with Webster's International Dictionary, as 

provided by law, subdistricts unsupplied, ; subdistricts 

heretofore supplied . 



Secretary of Town Board of Directors, 

Post-office, 

Subscribed and sworn to before^ 
me this day of ,19. — . ' 

~— — • J 

Send by express to , care of -. 

16 



S^OHMS FOR THE USE OF SCilOOL OFFICERS. 24? 



No. 45. 

Form of application for re-supply, when dictionary previously f urnishe d 

is lost. 

State of Wisconsin, ■ County, ss. 

, being duly sworn, deposes and says that district 

No. — , in the town of — — , county of , has lost by > 

the copy of Webster's International Dictionary heretofore fur- 
nished to said district by the state. , 

District Clerk. 

Post office, . 

Subscribed and sworn to before me, this day of ^ 

19—. 



Send by express to , care of : — . 

Note. — The price of the dictionary must accompany the application. 



No. 46. 



Form of application for re-supply, when dictionary previously furnished ia 

worn out. 

State op Wisconsin, County, ss. 

, being duly sworn, deposes and says that the 

dictionary heretofore furnished to district No. — , in town of 
, county of , is so worn out as to be unfit for use. 



District Clerk. 

Subscribed and sworn to before me, this day of — 

19—. 



Send by express to , care of 



1;^ The last two forms above can be altered to meet circumstances, in 
case the application for a re-supply is for a graded school in a city or vil- 
lage. 

(!tW Dictionaries are not furnished free for are-supply, but at the cost to 
the state, viz.: Plain edition, $7; indexed, $7.50. The money, or a money 
order, or a draft must in all cases accorapanj' the application. It is bet- 
ter to send a money order or draft, as the state is nut responsible if the 
money is lost. 

E^" Applications for dictionaries must be made by the district clerk, the 
secretary of the town board, or the superintendent of the schools in a city 
or incorporated village, and the post oifice of the applicant should be 
given as well as the nearest express station. Dictionaries cannot be sent 
by mail. 



248 SCHOOL LAWS OF WISCONSIN. 



FREE HIGH SCHOOLS. 



No. 48. 
Form of resokition proposing establishment of a high school. 

In order that the question of establishing and maintaining a 
high school in the town of may be submitted to the elect- 
ors thereof for determination, the following resolution is hereby 
proposed for adoption : 

Resolved, by the town board of the town of , That a high 

school be established and maintained in said town. The town 
clerk is directed to give notice that said resolution will be sub- 
mitted to a vote at the annual town meeting (or, general elec- 
tion) to be held in said town on the day of , ]9 — , (or, 

at a special meeting or election to be held on the day of 

1 19 — , which the town clerk is hereby required to call upon 

due notice). 

Dated this day of , 19 — . 

(Signatures of Board. ^ 



li'orm of notice that foregoing resolution will be submitted to vote. 
Notice is hereby given to the electors of the town of 



in the county of , that at a special election which is hereby 

called (or at the annual town meeting or general election) to be 

held in said town on. the day of , 19 — , the following 

resolution will be submitted to the vote of said electors: 

Resolved, etc. [as in the foregoing] ■ and that at said election 
members of the high school board will be chosen, to take their 
offices if said resolution be adopted, the clerk for one year, the 
treasurer for two years, and the director for three years; their 



FORMS FOR THE USE OF SCHOOL OFFICERS. 249 

respective terms of office beginning with the annual town meet- 
ing. 

Dated this day of , 19 — . 

(Signed) , Town Clerk. 

Note.— The above forms may be used with the proper changes, in the 
case of incorporated villages, or graded school-districts, the call and notice 
to be signed by the village or district clerk. 

In case the call is for special school-district meeting, it must be signed 
by at least five legal voters of the district, and the notice given at least six 
days before the time appointed 



No. 50. 



Form of certificate to be forwarded to the state superintendent to secure 
participation in apportionment to free high schools. 

This may certify that on the day of , 19, — , the legal 

voters of the town of [or towns of , where two or more 

towns unite, or of school-district No. — , town of , where 

vote is by a school- district, or city, or village] adopted a reso- 
lution to establish and maintain a free high school in said town 
(or towns, or school -district), an'-i the persons whose names are 
hereunto appended have been duly elected to the office appended 
to their names, respectively. We further certify that no (or 

one or more) graded school exists in said of . The 

course of study adopted by said high school board for said high 
school is herewith submitted for the approval of the state super- 
intendent, and the names and examination papers of , pu- 
pils prepared to enter said high school, who are residents of 

said town (or towns, or school-district) of , are herewith 

forwarded for inspection. The examination of these pupils was 

held on the day of , 1 9 — , and was conducted by . 

Dated at , this day of , 19 — . 

Dii^ector. 

Clerk. 

Treasurer. 



Note. — With this certificate tho examination papers of at least twenty- 
five pupils, residents of the high school-district, should be forwarded The 
character and scope of these examinations are commented upon in the tigh 
school pamphlet. 



250 School laws of wisconj^iM. 



TOWiNSIIIP SYSTEM OF SCHOOLS. 



No. 51. 
Form of petition. 

To M. S., Town Clerk: 

The undersionied electors of the town of , hereby petition 

that the question of township school government in said town 
may be submitted to the electors thereof, at the ensuing annual 
town meeting (or, geiieral election). 

Dated this day of , 19 — . 

(Signed) , 



Note. — The petition is to be signed by at least ten electors of the town. 



No. 52. 
Form of notice to be given by town clerk. 

Notice is hereby given that at the annual town meeting (or, 

general election), to be held in said town of , on the 

day of , 19 — , the question of township school government 

in said town will be submitted to the electors thereof, a peti- 
tion therefor having been presented to me signed by ten electors 
of said town. 

Dated this day of , 19 — . 

(Signed) , Town Clerk. 



INDEX. 



A 

ACADEMIES— page 

incorporated, to report to state superintendent 152 

ACCEPTANCE— 

must be in writing, and filed with the district clerk 4 

of district office by two officers necessary to organization of 

district 4 

of school district office 29, 31 

ACCOUNT— 

of district board for expenses to be presented to district meet- 
ing for allowance . 35 

to be kept by the district treasurer 46 

ACTIONS - 

to be brought under the compulsory law 39 

director to appear in, for district 45 

director to commenc % on treasurer's bond 45 

against town treasurer, by district treasurer ». . . 48 

against county superintendent for neglect to make report 142 

against county treasurer, by town treasurer 93 

against district treasurer, by district 45 

may be brought by any elector in certain cases 144 

against district clerk for neglect to make report 142 

against town clerk for neglect to make report 142 

ADJOURNMENT— 

of school district meeting, notice of, when for a longer time 

than one month 11 

of school district meeting 18 

ADMISSION— 

of pupils from other districts 24 

of persons over twenty into public schools 24, 37 

APFIDAVIT- 

of district clerk to be attached to his annual report 86 

to statement of taxes voted 120 

must accompany appeals 138, 139 

must be made to application for dictionaries 149 



252 ■ INDEX. 



AGE OF CHILDREN- page 

entitled to attend school free 219 

must be taken and included in the census ; 86 

AID— 

state, for instruction of deaf mutes 160 

state, to county training schools 158, 159 

state, to graded schools ; . 59, 60 

state, to manual training departments 134 

state, to free high schools 131, 132 

state, to schools of agriculture and domestic economy 156, 157 

ALTERATION— 

of proceedings of district meetings 27 

AGRICULTURE AND DOMESTIC ECONOMY— 

boards provided for 154 

county superintendent to be secretary of board 155 

county treasurer to be treasurer of boai'd 155 

inspection of schools 156 

schools, how established 154 

- state aid to 156, 157 

two counties may unite in establishing schools of ; . . 155 

ALTERATION OF SCHOOL DISTRICTS- 

in town and village 9 

notice of meeting of supervisors to consider, 5 

notice of, to be filed with town clerk and district clerk 6 

not to take effect within three months without consent of dis- 
trict board 6 

not to take effect between the first day of December and the 

first day of April following 6 

of joint districts, how made 7 

of joint districts, embracing village and cities 9 

of sub-districts, how made 177 

to be made by town board of supervisors 2,5,6 

AMENDMENTS— 

to laws, furnished to school districts 91 

ANNUAL DISTRICT MEETING - 

may vote to change text-books 42 

to determine time school shall be taught 25 

to determine sex of teacher 25 

vot3 tax to compensate clerk 26 

when to be held 11 

notice for, how given 11 

ANNUAL MEETING - 

of board of education in cities 173 

ANNUAL REPORT— 

of district clerk 86 

of town clerk „ 89 

of county superintendent , 90 

of city superintendent or clerk 90 



INDEX. 



253 



ANNULMENT- page 

of teacher's certificate by county superintendent 63, 76 

notice thereof to be filed with town and district clerk 63 

of teacher's state certificate by state superintendent 65 

APPARATUS- 

purchase of, by district board 35 

tax to be voted for, limited 23 

to be approved by state or county superintendent 35 

APPEALS - 

decisions of state superintendent final 216 

decisions to be made within thirty days after the hearing 

thereof is closed 137 

effect of, from judgment against district 121 

from decision of school district board 137 

from refusal of county superintendant to grant a certificate 

may be taken by applicant 55, 140 

may be taken by persons aggrieved 109 

no reversal of decision rendered after thirty days 137 

rules respecting 138, 141 



APPENDAGES- 

board to provide for the school-house 33, 31 

APPLICANTS - 

for examination of county superintendent shall pay fee 81 

APPLICATION— 

of interest on srhool fund 218 

on money received on division of district 8 

for Joan by school district 102, 103 

APPOINTMENT— 

of boards of education in cities 172 

of sub-district clerks 187 

to fill vacancy on school board .... 31 

APPORTIONMENT - 

not affected by alteration of districts 194 

of free high school tax ];-}L 

of school fund b.y state superintendent 195, 196 

of school fund income 192 

of school fund income, notice of 193 

correction of. . 193 

of school money by town clerk 92, 194 

to state graded schools. 59 

of tax for buildings, etc., under township system 188, 189 

supplementary, to free high schools 131, 132 

to high school districts 123, 131 

APPROVAL- 

by city council of change in text books in cities .:••:• 43 



254 INDEX. 



PAGE 

ARBOR AND LABOR DAY 151 

bii-d day 151 

ASSESSMENT— 

in joint district 95 

of district taxes 95, 96 

ATTAINMENTS— 

standard ofj to be established by county superintendent 54 

ATTENDANCE— 

at school 39' 

compulsory, between the ages of seven and fourteen 39 

on institute by teacher, without deduction from wages 71, 72 

state graded schools 58 



B 

BLACKBOARDS— 

tax for purchase of 23 

BLANKS— 

for reports, to be furnished by state superintendent 91 



BOARD— 

(See County Board of Supervisors.) 
(See Town Board of Directors ) 
(See Town Board of Supervisors.) 
(See District Board.) 



BOARD OF EDUCATION— 

authority of, in cities 173, 174 

clerk of, to make report 90 

duty of, to appoint truant officers 40 

in cities, annual meeting 173 

in cities, appointment, terms 172 

in cities, to determine what textbooks shall be used 43 

may cause foreign language to be taught not to exceed one 

hour each day 50 

may insure school property and execute note for premium. ... 44 

may invest school funds 151 

may order changes in textbooks 42 

may provide kindergartens 50 

president of, to sue ifor forfeitures 39, 40 

shall be high school board in certain cases 125 

shall have all powers of school district boards 151, 152 

to erect school buildings, etc 174, 175 

to hold monthly and special meetings 174 

to make estimate of school expenses for year 175 

to make rules for furnishing textbooks 43 

to provide office for board 174, 175 

to purchase textbooks , , .,..,...,,...,..,, , , 43 



INDEX. 255 



BOARD OF EXAMINERS— paoe 

compensation of members 65 

may recommend the issuance of special licenses in certain 

cases 67 

meetings, when, where 63 6i 

payment of expenses in conducting county superintendent's 

examinations 84 

shall be appointed by state superintendent 63 

shall examine applicants for county superintendents' certifi- 
cates 84 

shall recommend countersignature of certificates granted by 

other states 66 

shall recommend the issuance of state certificates based on 

diplomas 66, 67 

BOARD OF REGENTS OF NORMAL SCHOOLS - 

compensation of = 208 

meetings 207 

officers of 207 

powers of V.Ol, 210. 211 

removal of, disqualification of officers 208 

report 213 

their terms and vacancies 206 



BOARD OF REGENTS OF UNIVERSITY — 

accounts against 200 

duties of 198 

expenses of 205 

meetings of 198 

officers and powers of . . •. 197, 198 

reports of 199 

BOND— 

of district treasurer 45, 46 

of treasurer of free high school board 127 

shall be given by county superintendent 83 

to cover lease of site 110, 111 

United States school funds may be invested in ]51 



BOOKS— 

for records and other purposes, to be purchased by district 

board 35 

to be furnished to indigent pupils ,. 35 

text, adopted by city and village boards of education 43 

text, may be purchased by district 25, 27 

text, purchased by city and village boards of education 43 

for register, to be furnished by district clerk 49 

text, to be determined by district board 42 

BORROWING MONEY— 

by high school district 100, 131 

by school districts 98-107 

for teachers' wages 100 

jnterest on loan? ........................................... 100, 101 



256 INDEX. 



BRANCHES- page 

additional ones may be taught. .-. 50 

examination in, for county certificate 52, 53 

examination in, for state certificate 64 

to be taught in school 50 

examination in additional, for county certificate 52 



BOUNDARIES - 

of school districts may not be changed except under certain 

conditions 106, 107 

may be changed 5,7,9 

BULLETINS- 

of farm institutes 116 



CADETS— 

graduates, rank of , 154 

inspection of ] 53 

inspection officer, report of 153 

inspection, suspension from 1^4 



CENSUS - 

officer's duty 40 

CERTIFICATE - 

county superintendent's, provided for 84 

diplomas of graduates of state normal schools, Milwaukee 

high school, state university and o^^her colleges converted 

into teachers' state 66-71 

first grade, what studies applicants for, must be examined in 52, 53 

foreign, may be countersigned 66 

maybe annulled 64, 65, 67 

may be granted on transferred papers 53 

of establishment of free high schools 123 

of graduates of free high schools may be countersigned and 

have force of first grade certificates for four years 56 

of judgment against school district 121 

of land taken for school house site 108, 109 

of qualification granteS to teachers 52, 70 

of town treasurer of moneys to be apportioned 93 

of town treasurer to district clerks of amounts paid to district 

treasurers 93 

of value of school-house, etc 8 

second grade, what studies applicants for, must be examined 

in 52, 53 

state, shall be recorded by state superintendent , 65 

state superintendent shall issue to graduates of University of 

Wisconsin and Wisconsin normal schools 70 

state superintendent to grant, to teachers in manual training 

departments. ,....,..,...., ,...,,.., ,,..,,... 134 



INDEX. 



257 



CERTIFICATE— Continued. page 

teachers', additional branches required for 52, 53 

teachers', duration of first and second grades increased 53 

teachers', how annulled 63 

teachers', limited as to time and place 53 

teachers', standard of attainment required for 64 

teachers' state, conditions of 53, 54 

teachers', transfer and renewal of 51 

teachers', who not to have 52 

third grade, what studies applicants for, must be examined in 52, 53 

three grades established 52 

to be granted to free high school teachers 134 

to graduates of county training schools 159 

CHALLENGE- 

of voters 16-18 

CHARGES— 

against teachers, made in writing 63 

CHILD LABOR LAW 41 

CHILDREN— 

crippled, to be admitted to state public school 152 

employment of 41, 42 

of town or county poor, how educated 150 

truant, to be placed in school ; . . . 40 

CITIES- 

general charter law 172, 176 

of the first class, school boards in 162, 172 

village clerk or clerk of boaad to report to county superinten- 
dent 90 

council: 

to approve changes in textbooks 43 

districts lying in, how altered 9 

instruction of deaf mutes in 160 

no part of, to be embodied in new joint districts 9 

superintendent : 

to furnish information of blind or deaf persona 83 

to include statement of deaf and blind children in report to 

county board , 83 

to report to state superintendent , 90 

CLAIMS— 

discounting of, by public officer 147 

CLERK— 

(See district clerk, town clerk.) 

COLLEGES— 

incorporated, to report to state superintendent 152, 153 

17 



258 INDEX. 



COMMON SCHOOLS- page 

exercise in, must be conducted in the English language 50 

fund, how distributed 192-196, 219 

government of 37-39 

no sectarian instruction to be allowed therein 219 

to be free to children of certain age 219 

to be maintained seven months in each year, or not share in 

fund 1'92,193 

what shall be taught in 50 



COMPENSATION— 

of clerk, limited 26 

of county judge for services in removal of officer 144 

to land owners for schoolhouse site 109 

of members of board of examiners 65 

of normal school regents 208 

of secretary of town board of directors 178, 179 

of state superintendent's assistants 214 

of town clerk for library work ^ 115 

of truant officers 40 

of university regents 205 



COMPULSORY EDUCATION— 

law relating to 39 



CONSTITUTIONAL PROVISIONS— 

in regard to common schools 219 

in regard to school fund 218, 219 

in regard to state superintendent 218 



CONSTITUTIONS — 

to be taught in common schools 50 

CONTRACT — 

certificate to be attached thereto , 36 

sliall terminate , 36 

to be filed with clerk ' * 36 

what shall be specified in 36 

when not valid 36 

with teacher 36, 181 



CORRECTION — 

of apportionment 193, 194 

COUNTERSIGNATURE- 

applicant for, to county superintendent shall pay fee 81 

effect of, on diplomas and life certificates .... 67 

of diplomas from Milwaukee high school 67 

of high school diploma by county superintendent 56 

of normal school kindergarten diplomas : 68 



INDEX. 259 

COUNTY BOARD- page 

may allow county superintendent's traveling expenses 81 

to allow county superintendent's expenses for stationery and 

traveling 74, 75 

to allow certain amount to district for each public charge 150 

to approve bond of county superintendent 75 

to audit bill of expenses of county superintendent 75 

to levy school tax upon the towns 192 



COUNTY SUPERINTENDENT— 

certificate, examination for 84 

compensation of, fixed by county board 74 

eligibility to office 73 

liability for neglect to make annual report 142 

may accept final normal school standings 62 

may accept transferred papers 54 

may appoint deputy 79 

may be allowed actual traveling expenses 81 

may countersign high school diplomas 56 

may demand examination in additional branches 52, 53 

may give applicant private examination 79 

may purchase dictionary from state superintendent 149 

may require re-examination 55 

not to act as agent for author, publisher or bookseller 143 

not to teach, engage in other profession, or absent himself 

from county 80 

removal of, from office 144 

residence and office of 81 

to annul teachers' certificates 63 

to attend annually one convention of county superintendents. 80 

to be secretary of training school board 157 

to be secretary of board, schools of agriculture 155 

to be reimbursed actual expenses in attending county superin- 
tendents' conventions. 75, 80 

to declare schoolhouse unfit for use 78 

to direct district board to make repairs 77 

to establish standard of attainments for his county 54,55 

to examine and license teachers 76 

to file notice of annulment with town and district clerk 63 

to file statement with county clerk giving names of persons 

examined, etc • 82 

to form inspection districts and hold meetings 79 

to furnish information of blind or deaf persons 83 

to give bonds 75, 83 

to give notice of complaints 63 

to give written statement on demand to applicants refused 

certificates 55 

to hold examinations at county seat 79 

to hold institute 78, 81 

to hold at least one meeting for examination of teachers in 

each inspection district annually 79 

to keep record of moneys collected and paid out 82 

to notify district clerks of time and place of meetings for ex- 
amination of teachers 79 

to pay over raoneys to successor 82 

to present sworn statement of time spent in discharge of du- 
ties 75 



260 INDEX. 



COUNTY SUPERINTENDENT— Continued. page 
to report annually to county board and state superintendent.. 78-90 
to report number of children to county clerk and county treas- 
urer 90 

to visit schools 77 



COUNTY TRAINING SCHOOLS FOR TEACHERS — 

boards provided for 1.57 

certificates to graduates of 159 

county superintendent 1o be secretary of board 157 

how established 1.57 

inspection of 158 

state aid to 159 



COURSES OF STUDY— 

in free high schools shall include certain branches 57, 133 

in state graded schools 60 

theory and art necessary before high school diploma can be 

countersigned 57 

COUNTY TREASURER- 

how to dispose of moneys uncalled for 194 

to apply to state treasurer for school money apportioned by 

state superintendent 194 

to be treasurer of board, schools of agriculture 155 

to collect taxes 96 

to give notice to town and city treasurers 194 



D 

DEAF MUTES — 

instruction of, in villages and cities 160 

state aid for 160 

teachers of, qualifications approved by state superintendent. . 160 



DEBTS — 

of extinguished districts, how paid 10 

of school district, tax may be voted for 23 



DECISION — 

no review of, after thirty days 137 

of district meeting, town supervisors, etc., may be appealed 

from 1,37 

of state superintendent, to be final 216 

DEPUTY COUNTY SUPERINTENDENT — 

how appointed 79 

qualifications of '. 79 



INDEX. ^gl 



DICTIONARY— • • page 

money received from sale of, to be paid to state treasurer 149 

to belong to district library 150 

Webster's, may be furnished school districts by state superin- 
tendent 149 

DIPLOMAS- 

high school, may be countersigned by county superintendent. 56 

Milwaukee high school, may be countersigned • 67 

normal school kindergarten, may be countersigned 68 

of institutions other than university of Wisconsin and Wis- 
consin normal schools 66, 67 

of university and normal schools may be countersigned 66 

of university may be countersigned 201 

DIRECTOR— 

length of term 29 

to appear for the district in all actions 45 

to approve treasurer's bond 45 

to be elected by ballot 18 

to countersign orders drawn by clerk 45 

to demand additional bond from treasurer 46 

to file certificate of appeal from judgment 121 

to forfeit sum for countersigning unauthorized orders 143 

to prosecute district treasurer 45 

to sue for forfeitures 39, 143 

DISTRIBUTION— 

of income of school fund 192-196 

DISTRICT— 

(See School-District.) 

DISTRICTS - 

superintendents, county board may divide 74 

superintendents, effect upon cities "74 

superintendents, what shall constitute 74 

DISSOLVED DISTRICT- 

pioperty of 10 

DISTRICT BOARD - 

have power to adopt textbooks 42 

may cause foreign language to be taught not to exceed one 

hour each day 50 

may insure school property and execute note for premium.. 44 

may make rules for the government of the district school 37 

may provide kindergartens 50 

may purchase school books for children whose parents are 

unable to furnish them 35 

may suspend or expel pupils 37, 38 

meetings of, how called • • 30 

members of, shall forfeit sum for change of textbooks not in 

compliance with law 44 

to admit non-resident pupils 24 

to authorize prosecutions under compulsory law 39 



262 INDEX. 



DISTRICT BOARD -Continued. page 

to build schoolhouse 33 

to construct schoolhouses with doors swinging outward 145 

to designate officers to arrest truant children 40 

to fill any vacancy in their own number 31 

to give notice under compulsory law 40 

to have the care of schoolhouses, etc 33, 34 

to hire teachers 36, 37 

to keep schoolhouse in repair 34 

to levy school tax in certain cases , 36 

to present account of expenses incurred to district meeting. . 35 

to provide appendages for schoolhouse 34 

to purchase apparatus, record blanks, books, etc 23, 35 

to purchase a United States flag for each school room 35 

to purchase or lease site for schoolhouse 33 

to report at annual meeting 11 

to sell schoolhouse or site 33 

to visit and supervise school 44 

who shall constitute it , 30 



DISTRICT CLERK- 

compensation may be voted at annual meeting 26 

length of term 29 

liability for neglect to make annual report 142 

may fill vacancy on school board 31 

may subscribe for Journal of Education 149 

of high school, to make report 127 

of sub-district, duties of 185 

of sub-district, shall be member of town board 186 

of sub-district, shall have charge of school-house 185 

of sub-district, to act as secretary of meetings 185 

of sub-district, to give notice of annual meetings 187 

of sub-district, to report to secretary of town board 186 

shall have access to treasurer's books 47 

to act as clerk at district meetings 48 

to approve treasurer's bond 45 

to be elected by ballot 18 

to call special meetings 12 

to certify to town clerk statement of taxes 96 

to demand additional security from treasurer 46 

to draw orders on district treasurer . . 48 

to embody in notice of annual meeting question of change in 

textbooks 42 

to enter minutes of meetings, etc 48 

to file teacher's certificate of attendance on institute 71,72 

to forfeit sum for drawing unauthorized order 143 

to furnish school register , 49 

to include moneys due new district in statement of tax made 

to town clerk 8 

to include the name, age and sex of each person of school age 

residing in the district in annual report 86 

to make record of orders drawn ,. 49 

to make report to town, city or village clerk 86 

to notify persons of election or appointment to office 29, 49 

to post notice of annual meeting 11 

to report amount of money received, sources from which and 

manner of expenditure 87 

to report name and postofflce of district officers to town clerk. 48 



tNDfi3t. 263 



DISTRICT LIBRARY- page 
(See Public School Libraries.) 

fund, how obtained 114 

of adjoining districts may be united 112 

regulations concerning 113, 114 

tax may be voted for 23 

title to be vested in district 112 

to be in charge of librarian 112 

under township system . , 116 

DISTRICT MEETINGS — 

annual, notice for, how given 11 

annual, when held 11 

first one, how notified 2 

special, how called 12 

to authorize board to borrow money 24 

to authorize purchase of textbooks 25 

to be called by town supervisors in certain cases 3 

to determine whether school shall be taught by male or female 

teacher 25 

to determine time school shall be taught 25 

to direct sale of property 23 

to vote tax for teachers' wages 22 



DISTRICT OFFICERS — 

who shall be 29 



DISTRICT PROPERTY — 

board to have care of 33, 178 

how divided on division of district 8 

sale of, authorized 23, 33, 180 



DISTRICT TAXES — 

assessment and collection 95-97, 184, 188, 191 

for providing free transportation of pupils 26 

limit of, for all purposes 27 

limit of, for apparatus 23 

limit of, for building, hiring or purchasing schoolhouse ' 21 

limit of, for district librai-y 23 

limit of, for teachers' wages 22 

to compensate the clerk 26 



DISTRICT SCHOOLS — 

(See Common Schools.) 

establishment provided for 21 

tuition; sectarian instruction 219 

what studies shall be taught in 50 

DISTRICT TREASURER- 

length of term 29, 45 

neglect to file additional bond 46 

of free high school to give bond 127 

of free high school, to pay out moneys 1?0 



264 



INDEX. 



DISTRICT TREASURER— continued. page 

to apply certain tax to payment of debt 99 

to be elected by ballot 18 

to deliver books, papers and moneys to successor 47 

to execute and file bond 45 

to give additional security when demanded by director and 

clerk 46 

to keep accounts 46 

to pay money on order of clerk - 46 

to prosecute for forfeitures in certain cases 143 

to prosecute town ti'easurer 48 

to receive and account for forfeitures 40 

to receive high school aid 123, 124 

to receive money from town treasurer 46 

to report to annual meeting 47 

when selected 18, 29 

who may not be ' 46 

DIVISION— 

of joint libraries 112 

of property .....'. 8 

of school districts 5, 7, 9 



DOORS - 

to open outwardly 145 

DUTY— 

neglect of 142, 144,147 

of board of regents of normal schools 207 

of board of regents of university 198 

of census officer 40 

of county superintendent 76-85 

of county treasurer 194 

of district clerk 48, 49, 86, 185 

of district director 45 

of district treasurer 45-48 

of high school board 127 

of officers to sue for forfeitures 39 

of secretary of town board 181 

of state superintendent 215-217 

of sub-district clerk 185 

of town clerk 92 

of town treasurer ; 93, 185 



EDUCATION- 

compulsory 39 

constitutional provision in relation to 218,219 

of children maintained at public charge 150 

ELECTION— 

of officers of school districts 29 

of state superintendent 214 



INDEX. 265 



ELECTORS OP A SCHOOL DISTRICT— page 

may direct purchase or sale of school-house site, etc 23 

their powers at first or annual meeting 18-28 

to assemble at first district meeting 2 

ELIGIBILITY— 

to office of county superintendent 73 



EMBEZZLEMENT— 

punishment for 47 

what constitutes 47 



EQUALIZATION OP TAXES— 

by town board of assessors 95 



ESTABLISHMENT— 

of free high schools 122 

of schoolhouse sites ^ 108-111 



EXAMINATION- 

applicants for, shall pay fee 81 

as principal of free high schools 63 

fee, use of , 81 

for county superintendents' certificates 84 

for teachers' state certificates 64 

in additional branches 54 

meetings for, how notified, and when held 79 

of free high school teachers 133 

private, granted in certain cases 79 

records of state 65 



EXECUTION - 

when to issue 120 



EXECUTIVE COMMITTEE - • 

of town board of directoi's, powers of 181 

of town board of directors to employ teachers 181 

to appoint clerk in case of vacancy 187 



EXPENDITURE - 

of district board , how allowed 35 

of members of town board of directors 178 

traveling, of county superintendent 81 

EXPULSION— 

of pupils 37 



266 index:. 



FAILURE - PAGE 

of electors to vote sufficient money 3G, 184 

to maintain school ] 92 

to raise tax, forfeits school fund income 192 



FARM INSTITUTE— 

bulletins of, to be distributed by the state superintendent 116 

FEE — 

may be remitted to residents over twenty 24 

for examination for certificates 81 

for tuition of non-resident pupils 37 

FINES. FORFEITURES, ETC.— 

action for recovery of, prosecuted by director 143 

disposition of 40, 142 

duty of officers to sue for 39 

for countersigning such order 143 

for destruction, injury or removal of state property 145 

for distributing obscene books, etc 147, 148 

for disturbing school 147 

for drawing order for any purpose not authorized by law 143 

for en tering state grounds 146 

for failure to send child to school 39 

for injury to timber 146 

for neglect of duty by district officers 142 

for neglect of duty or violation of law 142, 147 

for neglect of officer to deliver records, papers, etc., to his suc- 
cessor 142,147 

for neglect of teacher to keep register 72 

for neglect, to apply to high school officers 127 

for neglect to prosecute for forfeitures 143 

~ for official malfeasance 146 

for refusal of district officer to serve 143 

for refusal of school officers to act in case of assessment • 95 

for refusal of town supervisors to carr}' into effect any decision 

of state supermtendent 143 

for refusal to act as chairman of district meeting 142 

for refusal to notify first meeting in new district 142 

for school officers and teachers acting as book agents 143 

for school officers ordering change in text-books within three 

years of adoption 44 

in relation to library 112 

of county superintendent for neglect to make annual report. . 142 

of county superintendent for teaching, etc 80 

of district clerk for neglect to make annual report .'. 142 

of officials for failure to provide fire-escapes, etc . . 145 

of town clerk for neglect to make annual report 142 

prosecution for, by voters 144 



FIRE ESCAPES 145 



Index. 26? 



FLAGS- PAGE 

purchase of 35 



FORMATION— 

of free high school districts 122 

of joint districts 3 

of school districts 2 

of township districts 177 



FORMS — 

to be furnished officer 91 

of affidavits in appeal cases 139 

of notice of appeal by teacher 140 

of order organizing new district 220 

of order organizing joint district 222 

of notice for first meeting by town supervisors 220 

of notice for first meeting to be left at residence of voter.... 221 

of return of notice for first meeting 221 

of notice by supervisors for meeting when there is no officer to 

call one 222 

of acceptance of district office 223 

of notice of meeting to alter district boundaries 223 

of order altering district boundaries 223 

of consent to order of alteration 224 

of awarding property to new district 224 

of notice for annual meeting 225 

of notice for adjourned district meeting 225 

of request for special district meeting 225 

of notice of special district meeting 226 

of notice to officers of election 227 

of refusal to accept district office 327 

of refusal to accept office on appointment 228 

of appointment to vacancy in district board 228 

of deed of schoolhouse site 229 

of lease of schoolhouse site 230 

of contract between district and teacher 230 

of bond of district treasurer 231 

of call on treasurer for additional security 232 

of order on treasurer 232 

of school register to be kept by teacher 233-236 

of notice of apportionment by town clerk 237 

of certificate of town treasurer to town clerk • 237 

of report of names and postoffice addresses of district clerks . . 238 

of statement by district clerk of tax voted 239 

of statement by district clerks of tax voted by joint district. . 240 
of determination of relative proportion of taxes in joint dis- 
trict 238 

of application for establishment of schoolhouse site. 240 

of certificate that notice of meeting to establish site has been 

given 241 

of notice for meeting of supervisors to locate schoolhouse 

site 241 

of certificate of establishment of schoolhouse site 241 

of certificate of vacancy in county superintendent's office 242 

of notice of division of county, and consequent vacancy 242 

of statement of number of school children in the county 243 

of notice of intention to annul teacher's certificate 243 



268 iNE)E3C. 



FORMS— Continued. page 
of annulment of teacher's certificate and notice to town 

clerk 244 

of application for dictionary 245-2i7 

of resolution proposing establishment of high school 218 

of notice that the foregoing resolution will be submitted to 

vote ; 218 

of certificate to state superintendent of establishment of free 

high schools 249 

of petition for submitting question of town system of schools 250 

of notice that the foregoing question will be submitted 25U 

when town clerk appoints 228 



FREE HIGH SCHOOL - 

board to determine amount of tax 130 

clerk to report to state superintendent on manual training. . .131, 135 

course of study; qualification for admission to 57, 128, 133 

diploma may be countersigned 57 

district may borrow money 100, 131 

district, officers of 125 

examination for establishment of 122 

examination of teachers of 133 

failing to receive aid 131 

free to all resident pupils 128 

how established 1 22 

inspector provided for 214 

in towns, aid to 121, 124, 131 

joint district provided for 122 

limited state certificate, nor elementary normal school certifi- 
cate shall qualify as principal of 66 

manual training in 1.34 

may establish manual training department 134 

principal, elected city superintendent, shall be examined by 

state superintendent 61 

qualifications of principals and assistants 128 

report blanks to be furnished by state superintendent 131 

residents of other districts may attend 128, 129 

state aid for manual training department 134-136 

state aid to, limited 123, 131, 132 

state aid to, may be withheld 131 

supervision of, by state superintendent 133 

theory and art to be taught 133 

to report to state superintendent 131 



FREE PUBLIC LECTURES- 

in cities 159, 160 



FREE TEXTBOOKS- 

question of providing, shall be submitted 27 



INDEX. 269 



PAGE 

GENERAL CHARTER LAW , 172-176 



GOVERNMENT OF SCHOOLS- 

rulea and regulations for, to be made by district board 37 

township system of, provided for 177-191 



H 

HIGH SCHOOL - 

(See Free High School.) 122-136 



HOLIDAYS— 

counted in teacher's time 89 

legal, shall not be counted 71 

what days are legal 89 



I 

INCOME OF SCHOOL FUND- 

to what shall be applied 218 

how to be distributed , 192-196, 219 

when to be apportioned 192 

to be applied by districts to payment of teachers' wages 194 

county treasurer to apply for 194 

INDEBTEDNESS- 

loan may be voted to refund 99 

of district, to be reported by district clerk 87 

INFANT— 

land of, how obtained for school-house site 110 

INSPECTION— PAGE 

of cadets, report of officer. 153 

of cadets, suspension from 154 

of county training schools 158 

of common schools . 77, 215 

• of schools for the deaf 161 

of state graded schools 60 

of schools of agriculture 156 

of free high schools 133, 214 

of manual training departments in free high schools 134 



270 



INDEX. 



INSPECTORS- PAGE 

free high school 214 

school for the deaf 161 

state school • 60 



INSTITUTES- PAGE 

attendance on, by teacher without deduction from wages 71 

fund, county, what shall constitute 81 

instructors must hold certificates from state superintendent. . 82 

instructors, who may not be employed 83 

teachers', to be held by each county superintendent 78 



INSURANCE - 

of school property 44 



INVENTORY— 

shall be deposited with clerk 33 



INVESTMENT— 

of school funds 1^1 



95 



JOINT DISTRICT— 

assessments in 

formation and alteration of 3, 7 

may establish free high schools 122 

may make loan 106 

sub, board of directors to determine cost of schools . .■ 187 

sub, clerk of, to be member of board of directors 187 

sub, in which one town has not adopted township system 188 

subi schools in, how supported 187 

sub, taxes for, how raised 188 

sub, who to have control of 187 

proceedings by, in regard to school-house site 110 



JOURNAL OF EDUCATION- 

school officers may subscribe for 149 



JUDGMENT— 

against school districts, how collected i^^ 

Jig execution to issue on ..,..,,.,,.,..,.,,..,..,,.,,,,. 120 



INDEX. 271 



K 

KINDERGARTEN - page 
diploma from normal school certificate to teach may be 

countersigned 68 

may be established in cities of third or fourth class 28 

may be esttiblished in districts having graded schools 27 

may be provided in primary grades 50, 173 

teachers, legal qualifications of 68-70 



LABOR- 

child, law 41 

day 151 



LEASE— 

district board may lease house or site 33 

of land of infant for school-house site , 110 



LIABILITY- 

for expenses incurred in use of school-house 33, 34 

for injury to school-house 33, 34 

for loans ' 106 

for payment of loan under township system 191 

of county for public charge 150 

of county superintendent, for failure to make annual report. 142 

of district clerk, for failure to make annual report 142 

of town clerk, for failure to make annual report '. . . 142 

tax to discharge 23 

to removal of office for acting as agent .....'. 143 



LIBRARIAN— 

duties of 116 

of district library, who may be ; 112, 116 

of joint libraries, how appointed 112 

under township system 116 

LIBRARY— * 

(See Public School Library.) 

dictionary shall belong to 150 

fund, how obtained 114, 115 

in incorporated villages and cities of the fourth class 115 

law may be suspended in certain cases 115 

of two or more districts may be united 112 

regulations for 113, 114 

tax for, limited 23 

title to be vested in district ..,,.,, 113 



272 ' INDEX. 

LIMIT— PAGE 

to amount of loan 101 

to school-district taxes 21,22,23,26,27 

LOAN— 

application for, from trust funds, how authorized 102-106 

district may make, on unusual exigcency 98 

district may make, to build scbool-house 98 

for normal school fund 212 

for university fund 203, 204 

liability for 106 

payment of, under township system 191 

tax levied to pay 106 

to joint districts '. 106 

to refund indebtedness 99 

to school districts, limited, how paid 101 

to schools under township system 102, 103 

when voted, may not be reconsidered 99 



M 

MALPEASANCE- 

oflHcial, what is 146 

MANUAL TRAINING— 

departments, state aid for 134, 135 

in free high schools 134-136 

outline of work required 135-136 

teachers in, to receive certificate froai state superintendent. . . 134 

MAP— 

purchase of 23, 35 

railroad, to be distributed by state superintendent 152 

secretary of town board to make, and keep in his office 181 

to accompany appeals ... 138 

town clerk to make and keep in his office 92 

MEETINGS- 

annual, when to be held 11 

formal notice of, when unnecessary 30 

to make provision for prosecution of suit 26 

to modify proceedings 27 

notice of annual 11 

notice of annual sub-district 187 

to authorize board to borrow money 24, 98, 99, 100 

to authorize sale of school-house, etc 23 

of district board, how called 30 

to impose tax to discharge debt 23 

of sub-district, when and where held 185 

of town boards in high schools districts • 125 

to admit non-residents and fix tuition fee 24 

to authorize purchase of text-books, etc 25 

to deter mine length of term, etc 25 

to authorize board to suspend school 26 



INDEX. 2Y3 



MEETINGS-continued. pagw, 

of sub district electors, notice of, how given ]87 

of town board of directors I'^S 

powers of sub-district 185 

report to annual H 

school district, powers of , 18-28 

school district, to adjourn 18 

school district, to appoint chairman, etc 18 

school district, to choose director, treasurer, etc ' 18 

special 32 

to designate site for school-house 21 

to vote compensation to district clerk 26 

to vote on free textbooks 27 

to vote tax for site 21 

to vote tax for teachers' wages 2*2 

to vote tax for maps, etc 2-^ 

to vote tax for district library 23 

to vote tax for tuition and transportation of pupils 26 

to vote to establish kindergarten 28 



MILITARY INSTRUCTION 201, 153 



MISCELLANEOUS LAWS- 

without penalties 149-176 

with penalties 142-148 



MONEYS- 

apportioned ty town clerk, not paid out If*-^ 

borrowed, use of 93 

collected from town clerk and county superintendent, how 

apportioned 1^2 

collected of defaulting treasurer, how applied 45 

collected on forfeitures, how applied 113 

collection and application of 8 

district may authorize board to borrow 24, 98, 99, 100 

due new district, how raised 8 

may be voted by school districts 21-25 

not to be apportioned to towns failing to raise amount re- 
quired by law 192 

not to be apportioned to districts which have not maintained 

school for seven months 192 

of dissolved districts, how disposed of _ 10 

paid to county superintendent for examination fee 81 

to be paid to individuals in certain cases 8 



MONTH— 

school, what shall constitute 71, 195 



MORTGAGE— 

on school property, may be given as security 



18 



274 INDEX. 



N 



NEGLECT- PAGE 

of duty' 142,144,147 

to keep school 10 



NON-RESIDENT— 

pupils admitted ^4 

tuition fee 24 



NORMAL SCHOOLS- 

aceounts, how made 209 

additional; alteration of buildings, etc 208 

board of regents, how composed 206 

board of visitors ' 211 

diplomas and certificates 211 

diplomas and certificates may be countersigned 66 

donations, collection and application of 209 

final standings may be accepted by county superintendent. . . 62 

graduates entitled to certificates 70 

income - 213 

kindergarten diplomas certificates to teach and may be coun- 
tersigned 68 

laws respecting 206-213 

may purchase dictionaries from state superintendent 149 

model schools 210 

objects of 210 

state tax: loans 212 

teachers' institutes, how held; appropriation for 212 



NOTICE- 

for meeting of supervisors to alter school districts 5 

for meeting of supervisors to establish school house-site 108 

for teachers' examination 79 

in case of neglect of inhabitants to assemble 3 

of alteration of joint school school-district 3 

of alteration of school district 5 

of annual meeting 11 

of annual sub-district meeting 187 

of appeal to circuit court. 109 

of apportionment of school fund income 193 

of election to offices 29 

of first meeting of district 2,3 

of special meeting to include object 12, 102 

to vote on township system 190 

to owners of proposed school-house site 108 



INDEX. 275 



o 

OATH— PAGE 

adrainistei-ed to challenged voter 16-18 

of office, state superintendent 21i 

OBSCENE BOOKS— 

penalty for distribution etc 147, 148 

OPFICERS- 

census, duty of 40 

duties of free high school , 127 

must be elected by ballot 18 

of free high school districts 125 

of school districts 29 

of school districts not to act as agents, etc 143 

public, refusal of, to deliver moneys, records, etc., to suc's'r 147 

to sue for forfeitures 39, 143 

truant, duty of 40 

truants, to be appointed 40 

women may be 150, 176 

ORDERS— 

clerk to draw 48 

director to countersign 45 

drawn in favor of teachers 49 

dling of 6 

secretary of town board to draw 182 

treasurer to pay money on 46 

when in effect 6 



ORGANIZATION— 

of a school district 4 

of free high schools 122, 126 



PAYMENT— 

of loans under township system 191 

PARENTS, GUARDIANS, ETC.— 

required to send children to school 39 



PENALTIES- 

(See "Fines and Forfeitures.") 



PHYSICAL EDUCATION 151 



276 i ' INDEX. 

PHYSIOLOGY AND HYGIENE - page 

provision shall be made for instruction in 50 

textbooks in, to be approved 50 

POWERS — 

corporate, of a district 4, 33 

of a district meeting 18-28 

of a school board 29-41 

of a special meeting 12 

of sub-district meeting 185 

PROCEEDINGS — 

by joint districts in regard to school-house site 110 

irregularities in, in attempt to establish township system 191 

may be altered or modified 27 

PROPERTY — 

division of 8 

of a district, to be in care of board 33 

of dissolved district 10 

personal, taxable for school purposes 95 

PROSECUTION — 

of action in which district may be interested 26 

of town treasurer for recovery of money 48, 93 

by voter, of action for forfeiture 144 

PUBLIC SCHO9L— 

state, admission of deformed children . . , 152 

textbooks, shall not inculcate sectarian ideas 43 

to be maintained at least seven months 192 

PUBLIC SCHOOL LIBRARIES- 

ad joining districts may unite 1 12 

books to be distributed among school districts 115 

books to be purchased annually by town clerk 115 

dictionary to belong to 150 

farm institute bulletins 116 

librarian, who shall be 112, 116 

money shall be withheld from school fund income in each 

town to purchase 114 

regulations concerning 113-114 

PUPILS— 

expulsion of 37 

transportation of 26-180 



QUALIFICATIONS— 

of kindergarten teachers 68-70 

of teachers 52-72 

of voters 13-16 



INDEX. ■ : ' 277 



R 



RAILROAD MAPS— page 

to be distributed to schools 152 



REAL ESTATE— 

. district may hold , 4 

taxes on, how assessed aud collected 96 

valuation of - 95 



RECORDS- 

lost, restoration of 5 

of school district, to be kept by clerk 48 



RE-EXAMINATION— 

of applicants refused certificates by county superintendents. . 55 

REFUSAL - 

of certificate by county superintendent 55 

of public officer to deliver moneys, records, etc., to successor. 117 

of school district office, in writing 29,31 

of town board to carry into eff'ect decision of state superin- 
tendent 143 



REGISTER— 

neglect to keep, forfeits wages 72 

to be furnished teacher by district clerk or secretary. . . , 49,183 

what to contain, etc 72, 233-236 



REGULATIONS AND RULES— 

district board to make 37 

prescribed by state superintendent for libraries 118, 119 

relating to appeals 138-141 

REMOVAL- 

of county superintendent 144 

of district otticers for neglect of du ty 142 

REPAIRS OP SCHOOL HOUSES— 

county superintendent to direct 77 

district board to attend to 33 

tax to be voted for 21 



RE PORTS - 

blanks for, to be furnished by state superintendent 91 

of board of visitors to normal schools 211 

of city superintendent or clerk 90 

of clerk of joint district 88 



278 INDEX. , ; ■' 

REPORTS-Continued. page 

of county superintendent. 82,90 

of district clerk 86, 87 

of district treasurer 46 

of free high school 127, 131 

of incorporated academies 152 

of inspecting officer, cadets ; 153 

of secretary of town board to county superintendent 183 

of state superintendent 216 

of town clerk 89, 92 

of regents of normal schools. 213 

of regents of state university 199 

of secretary to board of supervisors 182 

of state graded schools 60 

of sub-district clerk to secretary of town board 186 

of teacher to the board, etc 72 

to state super n endent on instruction of deaf mutes 160 



RESIDENCE- 

of children 87-89 

of county superintendent 81 

of voter, how determined 13-18 



RESIDENr— 

who shall be deemed , 150 



RULES - 

may be made by district board 37 

respecting appeals 138-141 



RESTORATION- 

of lost records 5 



REVOCATION— 

of state certificates 65, 67, 84 



s 

SALARY — 

of county superintendent 74-7 

of district clerk provided for 26 

of secretary town board of school directors 179 

of members of executive committee, township^syetem 179 

of state superintendent ' 218 



SALE — 

of school property 10, 23, 33, 180 



SCHOLARS- . PAGE 

aye of, to attend school free .' 219 

may Vje admitted from other districts 2i, 128 

may be susp 3nded or expelled 37 

residence ot 21, 86-89 



SCHOOL — 

attendance at, compulsory 39 

for the blind ^3 

for the deaf 83, 160 

for crippled children 15'^ 

of agriculture and domestic economy 154-157 

county training for teachers 157-159 

neglect to keep 10 



SCHOOL BOARD— 

duty of, to appoint truant officers '^0 

in cities of the first class 162-172 

may admit pupils free of tuition _ 38 

may arrange with adjoining districts for instruction of pupils. 26 

may expel pupils • 37 

may purchase books and stationery 35 

may purchase maps, charts, etc 35 

may purchase school books in certain cases 35 

may suspend pupils 37 

may suspend school 26 

of city may invest school funds 151 

to approve purchases -^5 

to contract with teachers 36 

to determine sum necessary to be raised 36 

to determine time school shall be taught 25 

to determine what textbooks shall be used 42 

to have care of school-house 33 

to keep account of expenses 35 

to keep school-house in repair 1'''3 

to fix compensation for truant officers ^^ 

to make application for loan 101 

to make rules and regulations regarding loan of textbooks ... 25 

to make rules for government of schools 37 

to provide necessary appendages for schoolhou.se 33, 34 

to purchase flag ' 35 

to visit and supervise schools 44 



SCHOOL BOOKS— 

annual meeting must vote on free textbooks 27 

boards in cities may purchase 43 

city and village boards of education may adopt 42,4.3 

district board may purchase for indigent pupils 35 

district board shall determine what shall be used 42 

districts may authorize board to purchase 25 

state superintendent to recommend 215 

who not to deal in 143 



SCHOOL CENSUS - 

relating to 86, 87, 90, 183, 186 



280 INDEX. , , , 

SCHOOL DISTRICTS- page 

accounts may be examined 19-20 

alteration of 2, 5 

altei-ation of, in town or village 9 

alteration of, not tu take effect for three months, in certain 

cases 6 

boundaries not to be changed under certain conditions 106 

contracts with 4 

corporate powers of 4 

extinguishment of 6 

formation and alteration of, under township system 177 

how formed 1-4 

joint, how formed 3 

judgment against, how collected 120 

loan limited; how paid 101 

may authorize district board to borrow money 24, 98-100 

may have board of seven members 19 

may receive state aid for graded schools 57, 62 

meetings, annual, when to be held 11 

name 4 

notice for first meeting of 2, 3 

notice for annual meeting of, how given * 11 

notice for special meeting 12 

notice, meeting of board 30 

not to be altered so as to leave indebtedness exceeding five per 

centum valuation 1 

not to be changed between first day of December and first day 

of April following 6 

officers of, to file written acceptance of office 4 

officers of 29, 33 

powers of 18-28 

property of, dissolved 10 

qualification of voters in ' 13-18 

size of 1 

to consist of contiguous territory 1 

under township system, what shall constitute 177 

when to be considered organized 4 



SCHOOL FUNDS— 

investment of 151 

what is; interest of, how applied 218 



SCHOOL FUND INCOME - 

apportionment of, by state superintendent 192, 196 

how distributed 192-196, 219 

may be withheld . .' ' 192 

to be used in payment of teachers' wages . .' .' . . .' . . . .' . . .'.' 36,49, 193, 219 

SCHOOL-HOUSE- 

board shall have care of 33 

compt ns ition to be made for site of .' . * .' .' .' . . . ' .' . .' . .' J08 

district board to provide appendages for 33 

kept in repair 33 

may be declared unfit for use 78 

may be sold .'."..'.''!.'.'.' 'i6,'23, 33, 180 



INDEX. 2S1 



SCHOOL HOUSE-Continued. page 

purchase of 33 

repairs on, may be ordered by county superintendent 78 

site of, how designated and established 21, 108, 111 

site of, quantity of land 110 

tax to build, how limited 21,27 

town board of directors, shall have care of 178 

use of 33 



SECRETARY — 

and superintendent in cities 173 

SECRETARY OF TOWN BOARD — 

to assist in regard to libraries 116 

to be free high school clerk 126 

to certify to town clerk estimate of expenses 184 

to certify record of changes in sub-districts to clerk 181 

to draw orders on town treasurers 182, 188 

to furnish school registers 183 

to have supervision of schools 182 

to make itemized estimate of amount necessary for support of 

schools 182 

to make map of town 18 1 

to report to county superintendent , . 183 

to report to board of supervisors 182 



SECTARIAN INSTRUCTION — 

textbooks, inculcating, not to be used 43 

prohibited 219 

SITE OP SCHOOL HOUSE — 

buildings, etc., provided for 180 

compensation to be made for 108 

how established 21,108-111 

infant's land, how obtained 110 

p urchase or lease of ;-!3 

quantity of land 110 

tax for 2 L 

to revert to original owner 110 



SCHOOL FUND - 

distribution of income of 192-196,219 

how formed 218 

tax for 195 



SCHOOL MONTH.S — 

what shall constitute 71, 195 

SCHOOL REGISTER- 

teacher shal 1 keep 72 

to be furnished by clerk or secretary and kept by teacher 49, 183 

what to contain, etc 72, 233-236 



28^ ' iNiDB:5t. 



SPECIAL DISTRICT MEETING- pac4E 

notice for 12 

powers of 12 

SPECIAL LICENSES— 

may be granted on diplomas from accredited institutions 66 

may be granted on diplomas from university of Wisconsin and ^ 

Wisconsin normal schools 70 



STANDARD— 

of attainments of teachers 54 



STATE BOARD OF HEALTH— 

to join with state superintendent in approval of textbooks in 
physiology and hygiene 50 



STATE CERTIPICATES- 

branches required for 64 

diplomas of graduates of Milwaukee high-school when coun- 
tersigned, become 67 

diplomas of graduates of state normal schools and state uni- 
versity, when countersigned, become. . 66 

foreign, may be countersigned 66, 70 

limited 65 

may be granted to holders of diplomas from accredited institu- 
tions . 66, 70 

provided for 63, 71 

record of, to be made by state superintendent 64 

revocation of 65, 67 



STATE GRADED SCHOOLS— 

application for aid, amount of 59 

apportionment of aid to 58 

tiverage daily attendance required 58 

classes of 58 

course of study, reports. 60 

equipment required 59 

inspectors for, how appoited, da tie:! 60 

length of school year 58 

number of such schools limited, cities excluded 6L 

qualification of teachers in 58 

STATE INSTITUTIONS - 

may purchase dictionaries from state superintendent 149 

STATE SUPERINTENDENT— 

and assistants, shall not act as agents, etc 143 

assistants, clerks, etc 214 

authorized to countersign diplomas from state universit}' and 

normal schools 66 

duties of 215-217 

how chosen, powers and compensation 218 

may countersign certificates granted by other states 66 



' ' ' : I tNbiEX. 28^ 

STATE SUPERINTENDENT— Continued. page 

may countersign diplomas from Milwaukee high school 67 

may countersign diplomas from normal school kindergarten 

departments 68 

may examine principals of high schools, who shall be elected 

city superintendent 63 

may grant special licenses on recommendation of state board. 66 

may issue certificates on re-examination 55 

may purchase dictionaries •.•;•• ^^ 

may require statement of whole number of children residing 

in any district 86, 87 

may revoke state certificate 65, 67 

not to apportion money in certain cases i^" 

office provided for '^^' 

term and oath • • • • 214 

\o advise with county superintendents a^ to standard of at- 
tainments for county 54. 

to appoint agents to conduct institutes 212 

to appoint board of examiners 63 

to appoint county superintendent in certain cases 74 

to appoint inspector of schools for deaf 161 

to apportion aid to free high schools 123, 131 

to apportion the school fund income 216 

to approve maps, charts and school apparatus •^'^ 

to approve qualification of teachers of deaf mutes 160 

to approve textbooks in physiology and hygiene 50 

to approve the qualifications of principals and assistants of 

high schools 128 

to certify aid to training schools for teachers 159 

to certify aid to schools of agriculture and domestic economy. 157 

to certify aid to deaf schools ,, 160 

to certify apportionment of school fund income to secretary of 

state 1^3 

to certify manual training departments to secretary of state. . 134 

to certify to expenses of board of examiners 65 

to collect books and school apparatus 216 

to decide appeals 1^'' 21o 

to designate counties in which teachers' institutes shall be 

held 212 

to distribute railroad maps • • ^"^-^ 

to establish standard of qualifications for and grant certifi- 
cates to teachers in manual training departments 134 

to furnish amendments to laws ^1 

to furnish blanks for reports of free high schools l-^^ 

to furnish copies of records • '^l" 

to furnish county superintendent certificate of attendance on 

convention ^5 

to furnish library record books ^|^ 

to furnish officers with blanks for annual reports Jl, ^io 

to give information and assistance to manual training depart- 

ments r V ' ' k'l iqq 

to give notice of apportionment to county clerk and treasurer lyj 

to hold two conventions of county superintendents each year. ^tb 

to inspect schools ■ • ; ; • 

.. to issue certificates to graduates of University of Wisconsin 

and Wisconsin normal schools ^'^ 

to issue circulars and bulletins of information -^^ 

to issue county superintendents' certificates o| 

to make record of state certificates "* 



234 INDEX. 



STATE SUPERINTENDENT-Continued. page 

to make rules for the government of institutes .... 212 

to notify school officers of neglect to make report 193 

to pay to state treasurer money received from sale of diction- 
aries 150 

to prepare and furnish list of books 115 

to prepare and furnish courses of study 215 

to prepare a report to the governor 216 

to prepare a course of study for free high schools 133 

to prescribe rules for libraries 215 

to prescribe rules for state examinations 63 

with state examiners may determine additional branches for 

unlimited state certificates 64 

to print, index and distribute laws relating to schools 215 

to prohibit use of sectarian books 2 15 

to recommend textbooks 215 

to render account of dictionaries sold in report to governor.. . 150 

to secure uniformity of text-books 215 

to supply farm institute bulletins to public libraries 116 

to suspend library law 115 



STATIONERY — 

purchase of — 35 

STUDIES — 

in which applicants for certificates are to be examined 52,53,64 

in which principals of free high schools are examined 128 

physiology and hygiene 50 

what shall be taught in district schools 50 

SUB DISTRICT- 

appointment of clerk 187 

establishment of schools in ISO 

formation and alteration of 177 

joint, who to have control of 187 

meeting, when and where held , 185 

what shall constitute 177 



SUB-DISTRICT CLERK — 

appointment of 187 

duties of 185 

to act as secretary of meetings 187 

. to be a member of town board 186 

to certify sum necessary for payment of indebtedness 191 

to give notice of annual meeting 187 

to have charge of school house 185 

to report to secretary of town board 186 

SUIT — 

against district, director to defend 45 

district to give direction for prosecution or defense of 26 



SUMMER SCHOOL— 

of science 205 



INDEX. 285 



SUPERINTENDENT— page 

of cities 62, 173 

(For powers and duties generally, see County Superintend- 
ent.) 



SUPERVISORS - 

(See Town Board of Supervisors and County Board of Su- 
pervisors ) 



TAXES - 

annual school 219 

apportionment of, under townshijj system, for buildings, etc.. 

assessment of district 95 

collection of, in joint districts where one town is not under 

township system 188 

deficiency in 36, 181, 192 

district clerk to deliver statement of, to town clerk 96 

for expense of transportation of pupils 26 

for free high schools 130 

for furnishing free textbooks 27 

for instruction of pupils in another district 26 

for library, limited 23 

for normal schools ^ 212 

for payment of teachers' wages 22 

for purchase of apparatus 23 

for school-house and site, limitation of 21,22 

for university 203 

limitation on 22, 23 

not to be voted at special meeting unless three fourths of legal 

voters are notified of the meeting 12 

school district, on what property to be assessed 95 

school fund, apportionment 195 

special, in cities of third and fourth classes. (See borrowing p!~^ 

money) 101 

to be apportioned by town clerk 184 

to be assessed by town clerk 96 

to be raised by towns and cities for support of schools 192 

to discharge debts 23,99,106 

to pay judgment against district, how assessed and collected. 120 

to raise money due new districts, how assessed; 8 

validity of, under irregular proceedings 191 



TEACHERS— 

certificates may be annulled , 63 

contract to be in writing 181 

of state graded schools, qualifications 58 

lax for wages of, limited 22 

to be examined and licensed 52-71 

to forfeit wages for neglect to keep register 72 

to keep register 72 

to report to district board and county superintendent 72 

wages to be paid from school fund income 4.9 



286 INDEX. 

TEACHERS' INSTITUTES- page 

appropriation for 212 

how held aod conducted 212 

teachers may be allowed to attend 71 

to be held by county superintendent 78 



TERMS - 

of school, may be fixed by vote of district 25 



TEXT-BOOKS- 

adoption of, in cities 43 

choice and change of 43 

in physiology and hygiene, -approved by state superintendent 

and board of health 50 

list of, adopted, not to be changed for three years 42, 43 

majority vote necessary to change 42, 

penalty for changing the list of, adopted 44 

purchased by boards in cities, on what conditions 43 

purchase of, authorized 25 

shall not inculcate -sectarian ideas 43 

state superintendent to recommend introduction of approved 215 

to be loaned pupils 25 

to make list of, tile with the clerk, and post in the school-house 42 



TOWN BOARD OF DIRECTORS — 

compensation of secretary 179 

executive committee, how constituted 181 

may arrange for transportation of pupils 180 

may provide schoolsites, buildings, etc 180 

may repair school property 180 

may sell school-house and site when no longer needed 180 

mpetings, when and where held, notice of 178 

officers of 178 

powers of 177, 181 

secretary's duties 181 

secretary or president of, to call special meeting? 178 

shall have care of school-house 178 

to determine amount of money necessary for support of schools 180 

to have powers of district boards «. 381 

to make rules and regulations for schools 180 

to establish, paaintain and supervise schools 180 

what shall constitute 177 



TOWN BOARD OF SUPERVISORS- 

to allow certain amount to district for each public charge. . . 150 

to call meeting in district having no officers to call same 3 

to consolidate districts 1 

to determine amount of prope'rty due new district 8 

to dispose of property of dissolved district 10 

to establish school-^housesite 108 

to forfeit sum for neglect or refusal to carry into effect deci- 
sion of state superintendent 143 

to form and alter school districts 1 

to give notice of alteration 5, 6 

to give notice to owners of proposed school-house site 108 



INDEX. 287 



TOWN BOARD OF SUPERVISORS-Continued. pack 

to issue notice foi' first district meeting 2 

to make order 2 

to meet to form districts 3 

to present estimates at town meeting 183 

TOWN CLERK— 

certificate of appeal to be filed with 121 

compensation for time devoted to library worl^ il5 

liable to removal for refusal to carry into effect decision of 

state superintendent 143 

liability for neglect to make annual report 142 

may subscribe for Journal of Education 149 

to apportion free high school tax 130 

to apportion school moneys 92, 194 

to apportion sums voted 184 

to assess amount of judgment against district 120 

. to assess taxes 96 

to expend library fund 114, 115 

to file reports and papers 92 

to fill vacancy in district board 31 

to include in taxes sum certified by secretary of town board. . 36, 184 

to keep record of books 114, 115 

to make a map of town 92 

to make records concerning school districts 92 

to post notice of vote on township system 190 

to re-apportion money not called for in a year 195 

to report name and address of himself and district clerks to 

county superintendent 92 

to report to county sujjerintendent 89, 92 

to see that district clerks make correct reports 92 

TOWNSHIP LIBRARY 114, 119 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT — 

cannot be abolished for two years 190 

cities and villages exempt from operation 189 

compensation of secretary of board 179 

electors of incorporated villages may vote on 190 

free high school board, who shall constitute 12G 

irregularities in proceedings 19 L 

loans to schools under 102 

may be voted on 1 90 

meetings of town board of directors 1'78 

members of executive committee 1''9 

order to abolish ^ 190 

of school government 177-191 

who shall be librarian under 116 

TOWN TREASURER - 

prosecution of, by district treasurer '. 48 

to apportion moneys received through liability of school officers 142 

to be high school treasurer under township system 126 

to certify amount paid by him to districts previous year 93 

to certify to town clerk amount of school money in his hands. . 93 

to pay money on order of president or secretary of town board 181 

to prosecute county treasurer 93 

to receive and pay out school money ; . . 92, 102, 185 

to withhold money for library 114 



288 ' INDEX. 

TRANSFER — page 

of deficiency in county school tax 192 

TRANS PORT ATION — 

of pupils 26, 189 

tax to cover expense of 26 

TRUANT— 

otBcers, compensation for 40 

TRUST FUNDS - 

loans may be made from 98, 99, 100, 101, 102, 103, 106 

TUITION- 

fee for non resident pupils 24 

provided for in certain cases 26 

in district schools 219 

in free high-school, how paid in certain cases 128, 130 

in normal schools 211 

in university 201 

i 

u 

UNIVERSITY— 

board of regents; how composed 197 

diploma may be countersigned 66, 201 

funds for support of 202 

graduates entitled to certificates 70 

income, use of 199 

laws in relation to 197-205 

may purchase dictionaries from state superintendent 149 

military instruction 201 

object and departments . 200 

establishment of 197 

open to both sexes , 201 

powers of board; officers 197 

president of 200 

summer school of science 205 

tax for, and appropriation of part; loans '203 

the observatory 205 

tuition 201 

other colleges may be added 199 



V 

VACANCY— 

in office of town board of directors 179 

on school board, how filled 31 

what may cause 31, 33 

VALUATION— 

of property in joint districts, to be equalized by town assessors 95 

of realty 95 

of district property, how determined 8 

of district property when change is made to township system. 188, 189 



INDEX. 289 

VIOLATION— PAGE 

of law by public officer Ii7 

(See Penalties) 142-148 

VISITING SCHOOLS- 

required of school officers.. 44,77,133,134,182,215 

by high school inspector 214 

by deaf school inspector 161 

by state school inspectors , 60 

VOTERS— 

may prosecute action for recovery of forfeiture 144 

may vote on township system 190 

separate ballot boxes for 15 

to reside in district thirty days 13 

who may be 13-18 



w 

WAGES OF TEACHERS— 

public money to be applied in payment of 49, 194 

tax voted to pay 22 

to be specified in contract 36 

when forfeited 72 

WEBSTER'S DICTIONARY— 

forms of application for 245, 247 

how distributed 149 

state superintendent may purchase 149 

WOMEN— 

eligible as school officers 150, 176 

may vote 1^ 

19 



